“One of the biggest problems that we have in the fashion industry is we’re not policed in any way.” In 2021 British designer Stella McCartney made headlines with her rallying cry for stronger legislation to push the fashion industry towards sustainable and ethical practices. “We need to be incentivized, [and] we need to have taxations looked at to work in a better way,” the designer said at the 2021 G7 summit. This year the designer may just get her wish. In New York, the Fashion Sustainability and Social Accountability Bill is making headlines as a landmark bill that would push brands to be more sustainable. If passed, this bill would be the first of its kind and make New York state the first state to require businesses to disclose their environmental and social impact throughout their supply chain.
What Is It?
The fashion industry could be responsible for over 25% of the world’s carbon budget by 2050. We can no longer let this industry go unchecked. My new bill with Anna R. Kelles would ensure the fashion industry prioritizes the planet and people over profits. ~ State Senator Alessandra Biaggi
On January 7th 2022 the Fashion Sustainability and Social Accountability Bill ( A8352 ) was presented to require “fashion retail sellers and manufacturers to disclose environmental and social due diligence policies.” It was introduced by State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles with support from influential fashion and sustainability nonprofits including the New Standard Institute, the Natural Resources Defense Council, and the New York City Environmental Justice Alliance. It has received support from the the CFDA led by Tom Ford and Steven Kolb who released a joint statement, “More needs to be done, and that is why the AAFA and CFDA are aligned in meeting the 2030 and 2050 climate targets of the Paris Agreement and why we support the United Nations Fashion Industry Charter for Climate Action.”
The bill is drawing comparisons to the Health Law signed under the Obama administration in 2010 that required restaurant chains containing more than 20 restaurants to disclose caloric offerings. Much like the aim of the bill was to ensure that Americans were fully aware of the impact of their meal, this bill aims to hold brands that reach $100 million in annual sales accountable for their sustainable (or unsustainable) practices and communicate that to customers.
What Will It Do?
As it stands, brands are under no obligation to disclose who their suppliers are or where their products are made throughout the design process. This lack of transparency and accountability has been called out by environmental activists and human rights groups for years.
Under the new legislation brands would be required to map out a minimum of 50% of their supply chain in order to disclose their commitment to key areas like fair wages, energy use, greenhouse gas emission and water and chemical management. Based on the information provided, brands would also be held accountable to reduce their negative environmental and social impact and adopt more sustainable policies and practices within a 12-month deadline or face a fine.
So, what could this look like? Under the new legislation fashion companies that meet the minimum sales standards must report wages paid by their suppliers across their supply chain and set targets for reducing their gas emissions along with other data. This information must be disclosed on their websites. If companies are found in violation of the law, it will be released in an annual report by the attorney general which in turn would allow citizens to file civil legal actions. Any fines that a brand would pay would be placed into a community fund overseen by the Department of Environmental Conservation that would support environmental justice projects.
Who Will The Bill Affect?
Under the current criteria, smaller brands would not be impacted, but mass producers and fashion giants like Zara, H&M, LVMH and Puma would be. Each of these brands have made claims to launch sustainable collections that rely on technology to use post consumer waste materials and each has published annual sustainability reports. However, in the case of brands like Zara and Puma neither show data specifying fair wages across their supply chain or measure greenhouse gas emissions in their 2020 sustainability reports. This lack of clear transparency is what the bill is ultimately trying to reduce in order to move the fashion industry towards being more responsible. And, in this case it begins with some of the biggest producers and those with the biggest impact.
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