The Legality of Fast Fashion

By: Janie Xu

Edited By: micah sandy and connor tooman

From SHEIN to Nike, fast fashion dominates the clothing industry and many of our wallets. While consumers enjoy wearing the trendiest apparel for affordable prices, this industry’s rising popularity has dark consequences. Fast fashion is a manufacturing method that mass produces catwalk-inspired clothing at a low cost, bolstered by the goal to meet consumer demand as quickly as possible. Fast fashion puts workers in hazardous working conditions while perpetuating abuse and failing to provide minimum wage. The fast fashion industry employs approximately 75 million factory workers worldwide–less than 2% of these employees make a living wage. Many garment workers work 16 hours a day and child labor is prevalent. [1] The textile industry is also resource-intensive, responsible for a growing carbon footprint that accounts for up to 10% of global carbon emissions. [2]

To sustain mass production and meet consumer demand, fashion companies take advantage of legal loopholes, such as offshore outsourcing, in developing countries. As a result, fast fashion workers have limited rights and work under unsafe conditions for unsurvivable wages. If the United States  raises wages and implements international and domestic labor standards, other countries may follow suit and workers can have improved working conditions  in addition to a reduced environmental impact.

Until the mid-1950s, the fashion industry carefully curated styles for four seasons a year. Now, fashion giants such as H&M create “52 micro-seasons” a year — one new collection a week. [3] Online retailers also take part in ultra-fast fashion, with Fashion Nova releasing 600 to 900 new styles every week. [4] This overproduction leads to massive amounts of waste and garment employees working overtime. In order to cut supply chain costs and increase the level of production, companies in developed countries practice offshore outsourcing. They move their production to developing countries such as Bangladesh, Cambodia, China, India, Indonesia, and Vietnam, where there are typically cheaper labor costs and laxer regulations. This flexibility in production rules allows more room for severe human rights violations to occur. For example, fast fashion production employs the use of 8,000 synthetic chemicals, contributing to long-term health consequences for workers. Furthermore, supervisors’ negligence led to the 2013 Rana Plaza factory disaster in Bangladesh, where 1,134 people died and 2,500 were injured when a building that housed five garment factories collapsed. [5] This incident sparked outrage among the fashion industry, politicians, and advocacy groups; however, few changes were implemented in factory safety laws. 

There are no United States federal laws that regulate offshore outsourcing. Instead, contract law is governed by the state. While several bills proposing regulation of offshore outsourcing have been introduced at the Senate, they died at the committee level. [6] However, there is a solution that addresses labor rights and the climate crisis: raising wages. The Council of Europe and the United Nations recognize the right to a living wage in the Universal Declaration of Human Rights, but this standard is not respected in global production supply chains. [7] In order to promote tangible change, companies must commit to fairer purchasing practices. If brands are required to commit to paying more for orders, factories can properly cover the costs of production, including labor. [8] Most companies can afford to pay employees fair wages without risking financial losses. However, they choose not to due to the lack of a legal requirement. As a developed country with a fashion industry that is valued at $369.69 billion, the United States has a responsibility to set ethical standards and definitive practices. The United States must implement a federal labor law that mandates companies provide standard wages and working conditions for offshore employees, prioritizing quality and time-intensive manufacturing over quantity and rapid production. The United States should also encourage other developed countries to enforce these laws, which would ultimately decrease environmental pollution and increase quality of life for employees. 

Styles reflect artistic expression and personal choices. Fast fashion has increased the variety of options astronomically, but the consequences of fast fashion are undeniable. As consumers, our ethical and legal morals are at stake when we consider the deadly implications of fast fashion. It is only when the government takes action in enacting law that companies can finally put the brakes on fast fashion and pave a more sustainable path.

NOTES:

Emma Ross, “Fast Fashion Getting Faster: A Look at the Unethical Labor Practices Sustaining a Growing Industry,” International Law and Policy Brief, October 28, 2021. https://studentbriefs.law.gwu.edu/ilpb/2021/10/28/fast-fashion-getting-faster-a-look-at-the-unethical-labor-practices-sustaining-a-growing-industry/. 

1. Rachael Dottle and Jackie Gu, “The Real Environmental Impact of the Fashion Industry,” Bloomberg.com, Bloomberg, February 23, 2022. https://www.bloomberg.com/graphics/2022-fashion-industry-environmental-impact/#:~:text=Today%2C%20in%20fact%2C%20fashion%20accounts,plastic%20produced%20globally%20each%20year.

2. Audrey Stanton, “What Does Fast Fashion Mean, Anyway?” The Good Trade, The Good Trade, November 3, 2022. https://www.thegoodtrade.com/features/what-is-fast-fashion.

3. Terry Nguyen, “Fast Fashion, Explained,” Vox, Vox, February 3, 2020, https://www.vox.com/the-goods/2020/2/3/21080364/fast-fashion-h-and-m-zara. 

4. Ross, “Fast Fashion Getting Faster: A Look at the Unethical Labor Practices Sustaining a Growing Industry.” 

5. Leanes Lowrie, “Laws on Outsourcing Companies,” Small Business - Chron, Chron.com, November 21, 2017. https://smallbusiness.chron.com/laws-outsourcing-companies-75951.html.

6. “Poverty Wages,” Clean Clothes Campaign, Clean Clothes Campaign, June 23, 2020, https://cleanclothes.org/poverty-wages. 

“Poverty Wages,” Clean Clothes Campaign.

BIBLIOGRAPHY:

Dottle, Rachael, and Jackie Gu. “The Real Environmental Impact of the Fashion Industry.” Bloomberg.com. Bloomberg, February 23, 2022. https://www.bloomberg.com/graphics/2022-fashion-industry-environmentalimpact/#:~:text=Today%2C%20in%20fact%2C%20fashion%20accounts,plastic% 20produced%20globally%20each%20year. 

Lowrie, Leanes. “Laws on Outsourcing Companies.” Small Business - Chron.com. Chron.com, November 21, 2017. https://smallbusiness.chron.com/laws-outsourcing-companies-75951.html.

Nguyen, Terry. “Fast Fashion, Explained.” Vox. Vox, February 3, 2020. https://www.vox.com/the-goods/2020/2/3/21080364/fast-fashion-h-and-m-zara

“Poverty Wages.” Clean Clothes Campaign, June 23, 2020. https://cleanclothes.org/poverty-wages. 

Ross, Emma. “Fast Fashion Getting Faster: A Look at the Unethical Labor Practices Sustaining a Growing Industry.” International Law and Policy Brief. October 28, 2021.  https://studentbriefs.law.gwu.edu/ilpb/2021/10/28/fast-fashion-getting-faster-alook-at-the-unethical-labor-practices-sustaining-a-growing-industry/. 

Stanton, Audrey. “What Does Fast Fashion Mean, Anyway?” The Good Trade. The Good Trade, November 3, 2022. https://www.thegoodtrade.com/features/what-is-fast-fashion.