France moves closer to anti-ultra-fast-fashion law with penalties of up to 10 euros

A Assembleia Nacional e o Senado franceses chegaram a acordo sobre a proposta de lei para reduzir o impacto ambiental da indústria têxtil, que visa combater os modelos de negócio associados a plataformas como Shein e Temu.

[©Sénat]

The legislation creates a legal definition of ultra-fast fashion, covering «the industrial and commercial practices of producers which result in a reduction in the period of use or lifespan of textile products, due to the placing on the market of a high number of new product references and the limited encouragement given to repairing those products».

The provisions also apply to digital platforms and marketplaces that enable the remote sale of these products. The entities concerned will have to display messages «encouraging moderation, reuse, repair, re-use and recycling of products, providing information on the social impact of the product, raising awareness of its effects on the environment and human health and informing consumers about the environmental impact of the proposed delivery service».

Another measure is the obligation to indicate the place of manufacture of textile products sold online, whether new or used. The information must be displayed clearly and legibly, next to the price and with the same visual prominence.

Tax and financial measures

The legislation provides for a system of financial penalties applied to textile products covered by the extended producer responsibility scheme, based on the number of references placed on the market and the extent to which product repair is encouraged.

Where this modulation takes the form of a penalty, the amount may range from 0.25 euros to 6 euros per product in 2026, from 0.50 euros to 7 euros in 2027, from 0.75 euros to 8 euros in 2028, from 1 euro to 9 euros in 2029 and from 1 euro to 10 euros per product in 2030.

Products subject to these penalties will not be eligible for the bonuses provided for under the eco-modulation system. The text also establishes that, upon a justified request from the producer, the amount of the penalty or bonus must be capped at 50% of the product’s retail price excluding VAT.

Under extended producer responsibility, companies not established in France will also be required to appoint an authorised representative based in the country to ensure compliance with their legal obligations.

Part of the contributions paid by producers will be allocated to financing collection, reuse, and recycling infrastructure in France.

The text also amends the French tax regime, stipulating that donations of products resulting from ultra-fast fashion will no longer qualify for the tax reduction currently available for this type of operation.

The eco-organisations responsible for the sector will also be able to carry out automated data collection on online platforms, marketplaces and websites in order to verify compliance with the obligations laid down in the legislation. The information collected must be forwarded to the competent authorities.

End of advertising

From 1 January 2027, advertising for products falling under the definition of ultra-fast fashion and the direct or indirect promotion of brands using these practices will be prohibited. The legislation also establishes that the term “free” may not be used as a promotional tool in the marketing of these products.

On the same date, the promotion of these products and brands by influencers will also be banned. «Persons carrying out commercial influencing activities electronically, whether paid or unpaid and regardless of the nature of the consideration received, are prohibited from any direct or indirect promotion of products falling within the practice of ultra-fast fashion», the document states. Infringements may be subject to administrative fines of up to 100,000 euros.

The legislation also strengthens cooperation between environmental and customs authorities, consumer protection bodies and data protection authorities, allowing information and documents to be shared for enforcement purposes.

In the field of education, the French Education Code will include awareness-raising measures on the environmental and human health impacts associated with unsustainable production and consumption, as well as information on materials, production conditions, labelling and the sustainable use of textile products and clothing.

Finally, within one year of the law being enacted, the French Government will have to submit a report to Parliament on the implementation of measures at the borders of the European Union’s internal market relating to products covered by the definition of ultra-fast fashion, including the possible imposition of European health, social and environmental standards on imports of these products.

This bill is closer to the version debated in the Senate in June last year, following adjustments to the text approved by the National Assembly in 2024.

The final vote on the text is scheduled for 29 June in the Senate, following the vote in the National Assembly next Wednesday, 24 June.