A legal approach for tackling customer and consumer manipulation in the fashion industry...

A legal approach for tackling customer and consumer manipulation in the fashion industry...

Thank you for always supporting Justice In Fashion. Your support is helping our team work towards reducing poverty and abuse of women in the Leicester garment industry.

Our scope and function may be currently focusing on local garment industry at Leicester. However, as consumers, we have immense global power to change the opaque practices of the whole fast fashion industry. The following article is an excellent example of consumer power may lead to changes in law and improved living standards for garment workers.

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The?omnipresence?of?the?fashion?industry?within?the?UK?is?certainly?undeniable,?with?￡32.5billion?spent?annually?in?the?clothing?sector?and?1.5?million?tonnes?of?new?fashion?boughtannually.[i]

The?fashion?industry?has?received?criticism?for?its?manipulation?of?customers?and?consumers,?particularly?regarding?fast?fashion,?the?short?durability?of?clothing?and?the?use?of?hazardous?materials.?(Here,?customer?is?used?to?describe?the?person?buying?the?fashion?product?and?theconsumer?as?someone?who?wears?it,?an?example?might?be?a?parent?and?a?child.)?Growing?public?awareness?highlights?the?negative?impact?fast?fashion?can?have?over?people,?particularly?with?media?focusing?on?its?potential?dangers?for?Gen-Z?youths?being?encouragedby?social?media?to?over?consume?fashion.[ii]

This?is?the?third?and?last?of?a?series?of?blogs,?considering?whether?a?legal?approach?is?the?wayforward?in?tackling?fashion?industry?exploitation.?The?first?blog?categorised?exploitation?within?the?fashion?industry?into?three?groupings:?garment?workers,?the?environment,?and?customers?and?consumers.?In?considering?solutions?in?eliminating?fashion?industry?injustice,?law?was?considered?as?a?prominent?solution?to?be?used?in?conjunction?with?other?solutions?such?as?sustainability?and?ethicalness.?With?the?benefits?of?a?legal?approach?allowing?for?safeguarding?laws?and?accountability?laws?when?exploitation?is?exposed.?This?blog?will?consider?how?a?legal?approach?can?eliminate?customer?and?consumer?manipulation?within?the?fashion?industry,?looking?at?current?and?proposed?laws,?and?consider?what?additional?law?could?be?proposed?to?address?remaining?injustices.

Customers?and?Consumers

The?evolution?of?the?fashion?industry?to?one?where?cheap?low-durable?material?is?used?during?cost-minimised?production,?perpetuates?a?cycle?where?more?durable?materials?are?less?affordable.?The?decline?in?garment?quality?results?in?a?shortened?lifecycle,?where?low?durability?results?in?garments?becoming?faded,?shapeless?and?worn?out?more?quickly,?and?repetitive?buying?of?clothes?is?necessary,?resulting?in?customers?spending?more?on?clothing.?Negative?effects?of?larger?businesses?in?the?fashion?industry?also?negatively?impacts?on?small?independent?businesses,?who?are?unable?to?compete?with?their?bigger?rivals’?circular?fast?fashion?business?culture?offering?lower?prices?due?to?mass?production.

The?dawn?of?online?shopping?has?furthered?the?use?of?cheap?materials,?enabling?overconsumption?and?a?throw?away?culture.?Compared?to?20?years?ago,?400%?more?clothing?is?now?produced.[iii]?The?rise?in?overconsumption?has?arisen?with?the?popularity?of?fast?fashion?and?continuously?changing?trends,?leading?to?customer?manipulation,?by?feeling?unable?to?keep?up?to?date?with?new?trends?and?FOMO?(fear?of?missing?out).

Consumer?health?is?negatively?impacted?by?the?use?of?hazardous?materials?and?toxic?textile?dyes?in?garments,?which?also?have?consequences?for?the?environment?and?garment?workers’?health.?Clothing?containing?harmful?chemicals,?such?as?carcinogens,?are?absorbed?by?our?skin,?and?can?lead?to?harmful?health?consequences,?with?research?suggesting?prolonged?exposure?can?lead?to?skin?irritation,?allergies?and?potentially?formation?of?cancerous?cells.[iv]

A?non-law?based?approach?for?eliminating?customer?and?consumer?manipulation?is?raising?awareness?about?the?fast?fashion?industry,?to?encourage?customers?and?consumers?to?make?smarter?purchasing?decisions.?For?example,?thrifting?has?been?suggested?as?a?method?for?tackling?overconsumption?of?the?fashion?industry?in?an?affordable?manner.?Increasingly,?during?the?Covid?pandemic,?sustainability?and?eco-friendly?materials?have?become?a?more?popularised?fashion?trend,?seeking?to?avoid?manipulation;?although?concerns?have?been?raised?about?lack?of?inclusivity?due?to?the?expense?of?these?garments.[v]

Existing?UK?current?laws?protect?against?extremely?harmful?chemicals?and?toxins?being?used?in?agricultural?growth?of?crops?and?garment?production,?such?as?nonylphenol?ethoxylates.[vi]?European?Union?regulations?place?limits?on?maximum?concentrations?of?certain?chemicals,?due?to?concerns?of?skin?contact?with?mutagenic?or?toxic?for?reproduction?substances.[vii]?Further?suggestions?for?banning?materials?containing?harmful?chemicals,?plastics?and?toxins?has?been?suggested?by?some.?Other?new?laws?suggested?have?focused?on?making?fast?fashion?production?practices?more?difficult,?such?as?new?tax?systems?to?reduce?overconsumption,?similar?to?the?Swedish?chemical?tax?on?clothes.[viii]

Could?legal?approach?can?help?eliminate exploitation?within?the?fashion?industry?

It?is?clear?the?status-quo?of?exploitation?within?the?fashion?industry?needs?changing,?injustice?is?widespread?and?solutions?must?be?found.?Greater?transparency?and?accountability?is?needed?to?improve?garment?worker?rights?and?environmental?protections.?A?legal?approach?can?offer?a?turning?point?to?help?eliminate?exploitation?of?garment?workers,?the?environment,?and?customers?and?consumers.

Legally?binding?safeguards?can?provide?improved?protection?for?garment?workers?human?and?labour?rights,?for?example,?by?establishing?a?liveable?minimum?working?wage.?Legal?safeguards?are?preventative,?and?to?be?effective?current?safeguarding?laws?need?strengthening?and?enforcement.?A?strengthening?of?UK?laws?is?also?needed?to?punish?exploitation;?more?punitive?laws?would?act?as?a?deterrent?and?force?accountability?when?businesses?do?exploit,?both?domestically?and?abroad.

An?issue?with?the?legal?approach?in?eliminating?injustice?within?the?fashion?industry,?is?the?slowness?of?laws?being?amended?and?adopted,?for?example?within?the?UK?the?process?of?a?proposed?bill?of?law?becoming?a?legally?binding?Act?can?be?a?complex?and?lengthy?process.?Furthermore,?internationally,?a?legal?approach?to?eliminate?the?fashion?industry’s?exploitationcan?lead?to?inequalities?in?different?countries,?with?different?protection?levels?against?exploitation?existing.?As?such,?the?legal?approach?should?be?used?alongside?other?measures?aiming?to?eliminate?the?fashion?industry’s?exploitation,?such?as?consumer?education?and?public?pressure?for?business?to?have?corporate?social?responsibility?aims,?for?example?using?eco-friendly?production?for?garments?and?ensuring?garment?worker?rights.?A?legal?approach?together?with?other?methods?may?ameliorate?excessive?greenwashing,?and?prevent?voluntarymeasures?not?being?adopted?because?of?business?aims?for?profit?maximisation.

Safeguarding?laws?targeting?the?exploitative?nature?of?the?fashion?industry’s?trends?of?overconsumption?and?fast?fashion,?can?have?multiple?effects,?for?example,?legal?safeguards?strictly?regulating?the?use?of?harmful?chemicals?and?dyes,?can?prevent?environmental?pollution?and?toxins?being?absorbed?by?garment?workers?and?consumers.

The linked nature of the fashion industry’s exploitation of garment workers, environment and customers and consumers, mean laws tackling one area of exploitation can also help reduction in other areas within the fashion industry.

A legal approach offers an opportunity to eliminate overall exploitation, and hope for a future with justice in the fashion industry.

Thanks for reading! We would love to find out your thoughts on this important subject. So, please let us know in the comments.