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France Update: Proposed “Fast Fashion” Law

Already called the “fast fashion” law, the text is part of the promotion of the sustainable economy and tackles the overconsumption of fast fashion through the compulsive purchase of clothes at low prices. Unfortunately, scandals such as the tragic Rana Plaza accident 11 years ago have highlighted the disastrous effects of low-cost production abroad at the expense of people and the environment.

Pending possible amendments from the Senate, the bill sought to assent:

« The provision or distribution of a large number of new references of new products mentioned in 11° of Article L. 541-10-1, including when the availability is made through an online marketplace provider, exceeding thresholds set by decree of the Council of State, is part of a commercial practice consisting of renewing clothing and accessory collections very quickly. »

MEPs thus intend to regulate in a more targeted way the practices of a part of the textile industry, which is responsible for significant CO2 emissions, but also for water pollution via dyes and the increase in microplastics in the environment.

The draft law provides for the implementation of a bonus-malus system through the application of a penalty of 50% of the pre-tax price of each item sold and the exclusion of premiums pursuant to Article L. 541-10-1 of the Environmental Code. It also provides for a ban on advertising and environmental labelling on online sales platforms.”

As a reminder, Articles L541-10 et seq. of the Environmental Code, providing for a principle of extended producer responsibility, already apply to the textile industry and impose the obligation to provide for or contribute to the prevention and management of waste.

If the law is passed, the government would then have to set a threshold by decree at which the industry will be considered to produce “fast fashion“. The impact and severity of this law will therefore obviously depend on the choice of these thresholds.

Ginestié Magellan Paley-Vincent, France, a Transatlantic Law International Affiliated Firm.  

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