The "say-do" or attitude-behaviour gap is glaringly apparent when the social and environmental impacts of the fashion industry is considered by consumers. The fashion and textile industry is facing increasing scrutiny for its environmental impact, contributing an estimated 8% of global greenhouse gas emissions and 20% of global wastewater production from dyeing and finishing products. With a myriad of concerns to consider, consumers do not always do or behave in accordance with their value-system, like choosing sustainable options when shopping for clothes. However, this "gap" is currently the focus of the retail industry but not always for the right reasons. Many brands have turned to environmental claims in their marketing, seeking to appeal to eco-conscious and even ordinary consumers. Without strict or clear guidelines, unsuspecting consumers may easily be convinced to buy what they assume to be the more eco-conscious option. However, as public awareness grows and regulators become more involved, so too does the risk of legal and reputational consequences arising from unsubstantiated or misleading sustainability claims, commonly known as "greenwashing".
The regulatory authorities are waking-up:
- In April 2025, members of the International Consumer Protection and Enforcement Network ("ICPEN"), a global network of over 70 consumer protection authorities, issued a joint open letter to the global fashion retail sector. The letter aims to improve the standard of environmental claims made by the global fashion retail sector, ensuring that consumers can make informed choices based on accurate, clear, and contextually relevant information supported by reliable scientific evidence.
- The French antitrust agency (Direction générale de la concurrence, de la consommation et de la répression des frauds) issued a EUR40 000 000 fine to Shein for deceptive commercial practices in July 2025.
- On 4 August 2025, Italy's competition authority, the Autorità Garante della Concorrenza e del Mercato ("AGCM"), announced the imposition of a EUR1 000 000 fine on Infinite Styles Services Co Limited, the company that operates Shein's website in Europe. The investigation by the AGCM was launched in September 2024 and found the "evoluSHIEN by design" collection, which made claims of eco-friendly and recyclable materials, were exaggerated, vague and false.
The French legislature has been working towards limiting fast fashion's impact for a while. In June 2025, the French National Assembly adopted the Anti-fast Fashion Bill aimed at introducing robust measures to address the environmental impact of the textile industry, with a particular focus on advertising practices and the prevention of greenwashing. Central to the legislation is a comprehensive ban on advertising for products, brands, or companies that engage in the rapid and excessive renewal of clothing and accessory collections. This prohibition is not limited to traditional advertising channels but extends explicitly to digital platforms and social media, where fast fashion brands have historically relied on influencer marketing and affiliate programmes to reach consumers, especially younger audiences.
The term "renewal" is deliberately used to distinguish fast fashion from traditional textile manufacturing. Rather than focusing solely on the manufacture or production of clothing and accessories, the legislation targets the rapid and frequent renewal of collections, which is characterised not just by the act of producing garments, but by the accelerated cycle of launching new collections to stimulate continuous consumer demand that drives overconsumption and, consequently, environmental harm. This approach allows the law to regulate not only the volume of goods produced but also the pace at which new products are introduced and promoted, which is a key driver of waste and unsustainable consumption patterns. Fast fashion is, after all, a business model based on the mass or rather overproduction of inexpensive trend-driven clothes.
If enacted, it will be illegal in France to advertise products or brands that employ fast fashion business models, as defined by the law. The ban encompasses both direct and indirect promotional activities, including those carried out by influencers and other individuals who use their notoriety to promote goods or services online for a fee. The law recognises the significant role that digital marketing and social media play in perpetuating fast fashion consumption and seeks to curtail these practices by making them subject to substantial penalties. For breaches of the advertising ban, natural persons may face fines of up to EUR20,000, while legal entities could be fined up to EUR100,000.
In addition to the advertising ban, the bill addresses the issue of greenwashing. The legislation requires that any company engaging in the rapid renewal of textile collections must display clear, legible, and understandable messages on their online sales platforms. These messages, to be defined by government decree, must encourage responsible consumption, such as reuse, repair, and recycling, and must raise consumer awareness of the environmental impact of their purchases. The information must be prominently displayed near the price of the product, ensuring that consumers are not misled by superficial or unsubstantiated environmental claims.
By mandating transparency and restricting the use of advertising to promote unsustainable business models, the French bill aims to combat both overt and subtle forms of greenwashing. It seeks to ensure that consumers are not only protected from misleading marketing but are also empowered to make more informed, environmentally conscious choices.
Before the Bill may be implemented, the French government will need to set up a joint committee to reach a compromise between the French Senate and lower house versions of the law as well as notify the European Commission of the vote to ensure compliance with its wider EU obligations.
Recently in South Africa, the Advertising Regulatory Board ("ARB") has published a Draft Sustainability Code ("Code") aimed at guiding businesses in making responsible environmental claims in advertising. Although the Code applies broadly across industries, its relevance to fashion is clear. Terms frequently used in fashion marketing, such as "recyclable", "made from recycled materials", "carbon neutral", and "designed for circularity" are all addressed in detail.
For instance:
- the Code prohibits advertisers from claiming that a product is recyclable unless it can be collected, processed, and reused in practice (not just in theory);
- general terms such as "made with recycled materials" are no longer sufficient; a minimum percentage and clarity about what has been recycled is required; and
- "carbon neutral" claims must be substantiated by a robust life-cycle assessment and disclose whether offsets have been used. Unsupported claims of "climate positivity" or "low carbon impact" may mislead consumers and fall foul of the Code's provisions.
For fashion brands operating in or marketing to South African consumers, the combined effect of the Anti-fast Fashion Bill and the ARB Draft Sustainability Code is a significant shift towards accountability and transparency. Companies must ensure that their marketing terminology and environmental claims are heavily scrutinised before they go to market. This verification should extend to whether certification schemes are properly applied and whether the basis for any claim, especially those referencing future sustainability goals, can be adequately verified.
In an industry historically plagued by opacity in supply chains and production practices, regulators are now demanding demonstrable evidence of environmental performance. The reputational, legal and financial risks of non-compliance are growing, particularly as consumers become more attuned to the environmental impacts associated with the fashion and textile industry and enforcement action is on the rise.
A starting point for fashion brands is data collection, which is becoming simpler due to AI developments. Recording impacts related to production, such as water usage, waste generation, energy use, employee related payments and rights as well as preparing disaster management contingency plans, will allow for greater agility and decision making within a business. Cape Town based organisation, GreenCape has recently begun hosting workshops across South Africa to help shape the future of extended producer responsibility in the textiles industry.. The focus is on responsibility for textile waste and the possible inclusion within the Extended Producer Responsibility ("EPR") framework which currently applies to a number of sectors including, the paper and plastic packaging, electronic and electrical equipment, lubricant oils and portable battery.
In the current regulatory and consumer landscape, sustainability is no longer a stylistic choice but rather a strategic and legal imperative. For fashion brands, bold claims without substance are no longer just bad PR, they risk breaching consumer protection laws and damaging consumer confidence. By embedding compliance into their marketing strategies and working closely with legal advisors, fashion brands are well positioned to distinguish themselves as leaders in the transition to implementing more sustainable practices within the industry, rather than faking it until they actually make more responsible products.
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