Hermès Wins Big in the U.S.

In March of 2024, the luxury fashion industry was rattled by an unprecedented class action lawsuit. Several Hermès customers in the U.S. took the French luxury house to court, accusing the brand of violating consumer antitrust laws. And at the heart of the case was none other than the Hermès Birkin bag — one of the most coveted and elusive handbags in the world.

The plaintiffs argued that Hermès allegedly tied the sale of its iconic Birkin bags to the purchase of other Hermès products, essentially forcing customers to buy more in order to secure access to the handbag. This practice, they claimed, was an illegal restriction under U.S. antitrust law (learn more about the lawsuit here). But well, the US District Judge James Donato definitely thought otherwise, as on September 17th, 2025 he decisively dismissed the lawsuit for the second time, writing in his order: “It may be, as plaintiffs suggest, that Hermès reserves the Birkin bag for its highest-paying customers, but that in itself is not an antitrust violation”.

And this time, the lawsuit can’t be refiled, meaning that this is a definitive and resounding win for Hermès. So, I guess we will have to continue doing the pre-spend. 

But on the other hand, the case has sparked an important conversation around how luxury brands manage scarcity and access. For years, Hermès clients have whispered about the “purchase history” requirement, where buying ready-to-wear, homeware, or jewelry feels like an unspoken prerequisite to being offered a Birkin. While the court’s decision made it clear that such practices don’t cross the line into illegality, the lawsuit pulled back the curtain on how exclusivity really works in the world of luxury.

For H-lovers, that means the mystique around the Birkin isn’t going anywhere. If anything, this courtroom battle may have only reinforced Birkin’s status as one of the most exclusive handbags.