If you want to buy a Birkin bag, the pièce de résistance from French luxury retailer Hermès, you should know that you probably can’t.
Vogue delivered this tough love message to readers in a recent article that described the search for an Hermès bag as “daunting.” The magazine warned that customers “may wait months or years for the right style to become available” and further dashed hopes by noting that “waiting lists at Hermès stores no longer exist.”
The item’s exclusivity is a big part of its appeal — but a pair of California residents who’ve gotten sidetracked in their attempts to buy the bags have decided enough is enough.
On Tuesday, the two buyers in question, Tina Cavalleri and Mark Glinoga, filed a proposed class action lawsuit against Hermès in San Francisco. In the complaint, they accuse the company of holding back the coveted bag for all but the highest-spending customers, a practice that the plaintiffs argue violates antitrust law.
Hermès did not respond to requests for comment.
Ms. Cavalleri, who is identified in the lawsuit as a California resident, already owns at least one Birkin bag, according to the legal complaint. But she was thwarted in her attempt to buy a second one.
The lawsuit says Ms. Cavalleri “has spent tens of thousands of dollars at Hermès and was forced to purchase” other Hermès items, described as “ancillary products,” before she was given the opportunity to purchase a Birkin bag.
Mr. Glinoga, also identified as a California resident, had no luck when he tried to buy a Birkin bag, the suit says. A Hermès sales associate instructed him to “purchase other items and accessories” at the store before he was considered a potential customer for the coveted item, according to the lawsuit.
Hermès introduced the bag in 1984. It was named after Jane Birkin, the late French film star, singer and muse, who provided the idea of her master plan to Hermès CEO Jean-Louis Dumas while sitting next to him on an Air France flight. . In the origin story, she is said to have sketched her idea on a paper vomit bag.
The process of creating a Birkin, as the bag is known to connoisseurs, takes 18 to 20 hours and is said to be completed by a single craftsman. Hermès does not disclose how much it produces annually.
A new one sells for over $10,000. Vintage examples have reached $450,000 at auction. Another popular Hermès bag, the Kelly, is named after movie star (and Princess of Monaco) Grace Kelly.
At the heart of the lawsuit is the practice of “tying” — that is, selling a certain item to customers on the condition that they buy another product from the same business.
“The law says it’s illegal,” said Shaun Setareh, a lawyer involved in the lawsuit on behalf of the two plaintiffs. “They set up the purchase of other products – scarves, belts, shoes, perfumes, jewelry – before they give you the opportunity to buy a Birkin or a Kelly.”
Douglas Hand, a lawyer in New York who works with fashion brands including Stella McCartney and Rag & Bone, said in a telephone interview that the definition of “tying” was somewhat vague and that the law allowed some leeway for the sale of goods a bundle.
A judge, he said, is also more likely to rule that a sales practice violates the law when the item in question can be considered necessary. An example might include a pharmaceutical company providing access to life-saving medication only to those who purchase it along with other products.
“There aren’t that many reasons why every consumer needs access to a Birkin bag or any particular luxury item,” Mr Hunt continued. “What the consumer wants from this is access to class, access to exclusivity and access to a club that you’re getting into.”
However, he acknowledged that the distinction between bundling and illegal tying can be difficult to parse.
“That’s why this result will be very, very important for Rolex, Porsche and any luxury brand that has relied on access to the most exclusive items to buy less exclusive, unrelated items,” Mr Hunt said.
After all, so much of the demand for luxury goods—whether it’s a Ferrari SF90 or a Rolex Cosmograph Daytona—comes from a lack of supply.
“It makes the shopping experience exciting and enticing,” said Jacek Kozubek, a luxury watch dealer whose website, Tropical Watch, is largely devoted to vintage Rolexes.
During the pandemic, Mr. Kozubek decided he wanted to get a Birkin for his wife.
“I spent $60,000 on Hermès stuff before I could get one,” she said, citing purchases that included shoes, scarves and home goods.
Towards the end of his spree, Mr Kozubek said he walked into the Hermès store on Grant Avenue in San Francisco and heard the salesman say the magic words: “Would you like to see a Birkin?”
Moments later, she was in a private room, nodding approvingly at a mid-sized Birkin in classic black with gold hardware. He said he had left the store believing his previous purchases had helped him win the grand prize.
Unlike the plaintiffs in the suit, Mr. Kozubek said he believed there was nothing untoward about how the sale came about, given that Birkins trade on the secondary market at much higher list prices.
“Hermès keeps prices low compared to market value,” he said, “so when they own a bag, they want to give it to someone who loves it and supports them.”
“You don’t get the nicest things in the world right away,” Mr. Kozubek continued. “If a Birkin was super accessible, there wouldn’t be a demand for them. If you could just buy it, it wouldn’t be fun. No one would care. Nobody would want them.”
So what makes a Birkin a Birkin is the fact that most people can’t get it?
“Oh yes!” he said, introducing a cruder descriptor.
