The lawsuit filed by U.S. consumers against French luxury brand Hermes , (HRMS.PA), opened new tab has been expanded to include the accusation that the company forces buyers to purchase other products worth thousands of dollars before purchasing one of its famed Birkin bag replica. On Thursday, another California resident filed a lawsuit in San Francisco Federal Court, opening new tab, becoming the third plaintiff named in the proposed class-action that was originally lodged in March. The lawsuit claimed Hermes gives Birkin bags only to customers who have “sufficient purchase histories”. These handmade bags can cost up to thousands of dollars. In an attempt to overcome Hermes’ first arguments for dismissing the case, the newly amended complaint added more details regarding the purported luxury handbag market. The amended lawsuit stated that “the nominal retail price of the Birkin bag is just a façade, hiding a hidden lottery which forces consumers to purchase significant amounts of Hermes accessory products in order to ‘qualify for’ the opportunity to even buy a Birkin.” Hermes and the legal team of Latham & Watkins have not responded to comments immediately. The plaintiffs’ lawyers declined to comment. Hermes , in a court filing last month called the lawsuit ‘far-fetched.’ Hermes said that customers who do not have a history of purchases can still purchase a Birkin and that this requirement is legal. The company stated that “Hermes faces competition from a variety of sellers for the products it sells.” The amended complaint filed on Thursday stated that “the Birkin’s exclusivity and limited availability make it difficult to substitute a Birkin bag.” The buyers stated that rival luxury brands like Gucci, Prada, and Louis Vuitton lack the “unique brand identity and exclusivity” of the Birkin bag. Hermes also made statements in its 2022 lawsuit against Mason Rothschild, the artist. Hermes stated that the Birkin was a “holy grail” handbag because of its scarcity, high price and mysterious waitlist. Tina Cavalleri et al v. Hermes International et al is the case. 3:24-cv-01707-JD. Plaintiffs: Joshua Haffner, Haffner Law Group; and Shaun Setareh, Setareh Law Group Christopher Yates, Belinda Lee, and Ashley Bauer from Latham & Watkins are the defendants.
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