Importance of Fashion Legislation
Written by: Rebekah Stokes, Communications Assistant @Threading Change
24 June 2024
[5-minute read]
Recently, the concrete parameters of government policy and legislation have redefined the conversation around sustainable and ethical fashion. In the past, adopting “sustainable” practices was often a marketing strategy for brands to appeal to environmentally conscious consumers and appease climate and justice advocates to maintain their public image. However, with government intervention, brands are now facing a significant imperative to pivot their operations to comply with new standards.
Why is legislation important?
Historically, accountability within the fashion industry has been largely self-imposed. While some brands chose to self-report on impact metrics or seek third-party certifications, such as B-Corp or Fair Trade status, they were ultimately accountable only to their shareholders and their bottom line. Government legislation introduces external accountability, ensuring that brands adhere to sustainable and ethical practices beyond mere marketing strategies.
Shareholders vs Stakeholders
Legislation steps in to define another party to which brands are accountable: stakeholders. Rather than just shareholders, who own shares in a company and earn dividends from company profits, the term 'stakeholders' encompasses all involved in the process of production. This includes employees in production facilities, consumers, and those living next to the dumping site where the garments end up at the end of their lifespan. Defining stakeholders widens the field of accountability, and legislation populates it with meaningful penalties for those who don’t comply. Thereby impacting the bottom line and disrupting those to whom brands are first accountable: shareholders.
Brands’ main priorities center around profit margins. Sustainable and ethical production is by nature more expensive, which usually means higher prices for the consumer. This is intensified, however, by many brands’ unwillingness to compromise on profit margins and instead keep pushing for the same, or larger margins as they would achieve with unsustainable production practices.
Public to Private
Elizabeth Cline, journalist, author, and Remake’s Advocacy and Policy Director, stated
“The shift we need is not from individual to collective action, it’s from privatized social change towards change in the public sphere”
The impacts of business practices extend beyond the private realm, necessitating accountability measures that do the same. Issues caused by the fashion industry are public concerns and must be addressed publicly. One of the most effective ways to achieve this is through government policy.
Nazma Akter, founder of the Azwaj Foundation, explained, “If there is no legislation, there is no legally binding agreement, then there is no protection, and there are no rights.” Unfortunately, we repeatedly see that change, often inconvenient and unprofitable, only occurs when there are no other options. By shifting accountability from the private to the public sphere through legislation, we can ensure that sustainable and ethical practices become mandatory rather than optional.
Not In My Backyard
The interesting aspect of legislation regulating the fashion industry is the overlap of national and international arenas. The large fashion brands are international companies with operations all over the world and they often offshore production. Liv Simpliciano (Fashion Revolution) remarked, “For too long, big fashion has dismissed production countries as sacrifice zones….” Essentially, companies can turn a blind eye to the conditions their operations exacerbate in these production countries, as the effects of them rarely make it all the way across the ocean to their points of sale. These can include unfairly low wages, verbal and physical abuse, and unsafe working conditions.
As national legislation cracks down on big fashion, however, this impacts their supply chain as well, making international waves. For example, the Fashion Act passed in New York, one of the largest pieces of legislation today, stipulates that any company with global revenues of over 100 million dollars must map at least 50% of their supply chain, gathering accurate information on the suppliers, factories, operations, and workers in their supply chains, and report the annual volume of materials produced. Thus, a law passed in New York—a major fashion hub but only one state—will have global repercussions, affecting operations wherever brands have operations.
One may wonder, however, if consumers are concerned about sustainability and ethical production, why can’t consumers just demand more sustainably sourced products? According to basic principles of supply and demand, would this not put pressure on companies to make the shift to sustainability?
In Your Green Dreams
Consumers have increasingly demanded more sustainable practices from brands. Unfortunately, many companies respond not by truly altering their operations, but by engaging in greenwashing.
Greenwashing: "The act or practice of making a product, policy, activity, etc. appear to be more environmentally friendly or less environmentally damaging than it really is."
By greenwashing, companies can avoid costly operational changes while gaining a marketing advantage, as consumers feel better about purchasing their products. Greenwashing thrives on vague generalizations and hazy promises. An example of this in recent years was the case against Adidas. The athletic apparel company was investigated by the French Jury de Déontologie Publicitaire (JDP) for deceptive advertising. In their Stan Smith marketing campaign, Adidas made the claim:
“Stan Smith Forever. 100% iconic, 50% recycled”
JDP argued that this statement misled consumers, as it didn’t specify which portion of the shoe was 50% recycled (it was in fact a very small portion). Additionally, the "End Plastic Waste" logo on the shoe was merely a vague suggestion, lacking any specific actions by the company to support it.
The intricacies of supply chain and production practices can be complex, even for the companies themselves. A consumer not meticulously researching Adidas’ product composition and trusting the company’s messages, would fall victim to greenwashing. This underscores the need for legislation. George Harding Rolls, Eco-Age’s Director of Advocacy & Policy, emphasizes the importance of regulatory measures to ensure companies genuinely adhere to their sustainability claims.
Legislation forces companies to shoulder the responsibility of ensuring their claims are genuine, sparing consumers from the burden of extensive research. Rather than allowing overambitious promises with no follow-up, legislation mandates accountability and compels companies to substantiate their promises with concrete actions. While the goals may not be as impressive or grandiose as a result, legislation ensures that brands make real, tangible progress toward sustainable practices.
As Samata Pattinson, CEO of RCGD, states, “Brands will see that it’s better to apply small changes thoroughly and truthfully, rather than aim for big goals without genuine commitment.” This approach also provides an advantage for smaller brands that have been genuinely committed to sustainability and bearing the higher costs associated with it, yet overshadowed by the extensive marketing campaigns of larger brands making unverified claims.
By holding all brands to the same standard, legislation creates a more level playing field and promotes genuine, sustainable progress within the industry.
Everyone Has to Play
Legislation has the power to regulate the sustainability playing field, acting as a referee to enforce consequences for violators. However, just like in a real game, both teams—the producers and consumers—must actively participate and adhere to the rules. Producers must commit to sustainable practices, and consumers need to support these efforts, even if it means paying higher prices for ethically sourced products.
Legislation alone cannot create a sustainable future in the fashion industry; it requires the buy-in of both producers and consumers. If consumers are unwilling to support the higher costs associated with sustainable sourcing, the legislation will fail. Thus, building a more sustainable future in fashion depends on the active engagement and cooperation of all stakeholders.
What Now?
We recognize that achieving true industry sustainability requires both legislative change and consumer education. However, as a consumer, it can be challenging to know where to start. If you're feeling this way, we have the perfect program for you! Our Clothing ChangeMakers Program is designed for individuals aged 18 to 30 from around the world who are passionate about advancing sustainability in the fashion industry. The highest-scoring participants in the CCM program will have the opportunity to join the Fashion SDG Ambassador Program, which focuses on legislative action and will take them to COP30 in Brazil.
Join the movement today and connect with a community of like-minded advocates by following the link below!
Clothing Change Makers Application Form
Edited by: Luiza Giocondo Teixeira, Communications & Engagement Director @Threading Change
Works Cited
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Miles, A. (2024, April 11). Liv Simpliciano on what a decade of Fashion Revolution can teach US. Good On You. https://goodonyou.eco/liv-simpliciano-interview/
Siegele, L. (2024, March 14). Post-fossil fuel fashion: Q&A with George Harding-Rolls, global policy researcher and advocacy campaigner. Fibershed. https://fibershed.org/2024/03/14/post-fossil-fuel-fashion-qa-with-george-harding-rolls-global-policy-researcher-and-advocacy-campaigner/
Rauturier, S. (2022, January 21). Greenwashing examples: 8 notorious fast fashion claims and campaigns. Good On You. https://goodonyou.eco/greenwashing-examples/
TDi. (2023, November 2). Supply chain transparency: A deep dive into the New York Fashion act. TDi Sustainability. https://www.tdi-sustainability.com/supply-chain-transparency-a-deep-dive-into-the-requirements-of-the-new-york-fashion-act/
Zwieglinska, Z. (2023, July 29). How new legislation will affect fashion brands in 2023. Glossy. https://www.glossy.co/fashion/how-new-legislation-will-affect-fashion-brands-in-2023/
About the author:
Rebekah Stokes
Rebekah is a Global Development student, passionate about creating real-world solutions to complex issues. She advocates for pivoting current systems towards a more just and sustainable future. She’s applied her knowledge and skills in various projects, such as in urban planning on Granville Island, circular economy, and local outreach initiatives. Her passion for fashion was born out of a love for its storytelling capability and through her work in the sustainable fashion sphere, she seeks to advocate for more stories of justice and equity in the clothes we wear.
