Will fast fashion be out of fashion by 2030? France bans advertising for Shein and Temu

Will fast fashion be out of fashion by 2030? 

Meyermans Spelmans investigates how European legislation is seeking, step by step, to make the textile industry more sustainable. She looks at laws that make it easier to repair or recycle clothes, whilst at the same time making it harder to throw them away or destroy them. “Linear practices such as burning unsold clothing will, in turn, be banned.” The aim? To ensure that fast fashion is literally out of fashion by 2030. 

What is the difference between Shein and Temu and Zara and H&M? 

Shein and Temu fall under the category of ‘ultra-fast fashion’, which is characterised by the speed of production. The figures illustrate this difference clearly. In 2022, Zara launched around 6,850 new items, H&M 4,400 and Shein 315,000. “These e-commerce companies do not have physical shops but send parcels directly from the manufacturer to the consumer,” explains Meyermans Spelmans. In doing so, she says, the companies use algorithms and AI tools to create “an addictive cycle of endless discovery and gamification”, with social media and microtrends playing a major role. 

Why influencers are also affected 

According to Meyermans Spelmans, the fact that the French ban is not limited to traditional advertising but also affects influencers is a logical step. “You tend to buy what you see on the high street. These days, the high street is also online.” Personalised adverts and the bond of trust between influencers and their followers reinforce that effect. Through so-called ‘hauls’, influencers showcase all the things available to consume, thereby normalising overconsumption. 

Take, make, waste: made quickly, thrown away quickly 

The business model in ultra-fast fashion revolves around producing as quickly and cheaply as possible. Meyermans Spelmans calls this the ‘take-make-waste principle’. Raw materials are rapidly transformed into low-quality clothing that is worn for a short time – or sometimes not at all – before being thrown away. Then the cycle begins again. As a result, the fashion industry is now the fourth-largest emitter of greenhouse gases. 

The consequences are significant. “Apps that tempt you to keep buying, using game-like elements such as reward systems and points, encourage excessive purchasing, whilst the clothing itself sometimes contains toxic substances,” says Meyermans Spelmans. Huge piles of textile waste are accumulating because second-hand shops find it difficult to resell and recycle the clothing due to its poor quality. “That waste is often exported to the Global South, where it subsequently causes pollution and unsafe conditions,” says Meyermans Spelmans. The production chain itself is also under pressure. She points to reports of labour exploitation, child labour and forced labour. 

An unclear definition 

From a legal perspective, Meyermans Spelmans sees risks primarily in the definition of the term ‘ultra-fast fashion’. That definition is based on two criteria: namely, how much a company produces and how easy the clothing is to repair. However, the exact thresholds have yet to be established. If it is not clear on the basis of which criteria a company is labelled as ‘ultra-fast fashion’, it becomes more difficult to enforce the law, and thus also to guarantee its impact. “This could lead to uncertainty about the rules, and to contradictions within them. The law would then be harder to challenge or easier to circumvent,” says the researcher. 

Can France simply decide this on its own? 

There is no EU-wide ban on advertising for ultra-fast fashion. This means that Member States are free to set their own rules in this area, provided those rules do not conflict with European legislation. A key European principle is that products must be able to be traded freely between EU countries, without any country being allowed to impose barriers without good reason. The question is whether the French advertising ban constitutes such a barrier. 

Meyermans Spelmans believes that France can invoke an exception that countries are permitted to make to protect the environment or public health, as the ban is in line with French and European climate targets. France will, however, have to demonstrate that it first considered less restrictive measures, such as warning labels on clothing, and that these proved insufficient. 

And what about online regulations? 

There is a second legal hurdle. Advertising on the internet and social media is governed by a European law that regulates what online platforms are and are not permitted to do: the Digital Services Act (DSA). According to the European Commission, this law already fully regulates this area, meaning that France is not permitted to impose any additional rules of its own. France, however, argues that the DSA only covers part of the issue, and that there is therefore still scope for other objectives, such as climate policy. Meyermans Spelmans points out that online advertising restrictions are already permitted for products such as alcohol and tobacco, and that advertising by influencers falls outside the scope of this European law anyway. “It remains to be seen who will have the final say on this.” 

Criticism: a missed opportunity? 

Critics argue that the ban spares European fast fashion companies. Meyermans Spelmans acknowledges this tension: “Due to the definition of ‘ultra-fast fashion’ in this legislation, large European fast fashion companies may remain off the hook. According to her, they too have been contributing to the mountain of clothing waste for years. “Given the fashion industry’s significant environmental impact and the fragmentation of the market, it would make more sense to ban all fast fashion advertising.” She points out that 90 per cent of the market falls outside the scope of this law, which she calls a missed opportunity. “A blanket ban at European level would better serve the climate targets of France and the EU,” says Meyermans Spelmans. 

Is the ban on ultra-fast fashion comparable to the ban on tobacco and gambling? 

Advertising bans are nothing new. Legal restrictions have long been in place for tobacco and gambling, based on the view that these products are harmful and that advertising encourages their use. Meyermans Spelmans qualifies the comparison: “According to the Court of Justice, gambling is an area characterised by significant moral, religious and cultural differences between Member States, and gambling is also not covered by the E-Commerce Directive, which simplifies regulation. Nevertheless, these precedents primarily demonstrate that advertising is frequently subject to regulation, and that such legislation can exist without infringing European law.” 

What does this mean for the Netherlands? 

Local advertising bans are already in place in the Netherlands, such as those on fossil fuels and meat in Amsterdam and on air travel in Arnhem. Meyermans Spelmans considers a nationwide ban on fast fashion advertising to be feasible both legally and in practice, partly because experience has already been gained with similar bans on tobacco products and gambling. Nevertheless, the PhD candidate prefers to look beyond national borders. 

Meyermans Spelmans advocates a comprehensive European ban on fast fashion advertising. “That would not only have a greater impact, as companies would then be unable to shift their activities to other Member States, but would also ensure clearer and more consistent regulations.” 

A first step towards a more sustainable future? 

According to the researcher, the advertising ban alone is not enough. She points to existing EU legislation, such as the ban on the destruction of unsold clothing and the rule that clothing companies are responsible for the entire lifecycle of their products, even after they have been discarded. However, concrete limits on overproduction and overconsumption are still lacking. “Ultimately, it remains important to take a holistic approach to sustainability, with a just transition at its heart.” 

According to Meyermans Spelmans, another possible next step lies in the definition itself. Because it is difficult to draw a clear distinction in terms of impact between fast fashion and ultra-fast fashion, she believes that advertising should only be permitted for companies that comply with circular and sustainable principles, for example, as measured by how difficult it is to repair garments. She sees points of reference here in the transparency requirements set out in other European sustainability legislation, which at the same time offers scope to further promote sustainable initiatives. 

“Advertising shapes not only our purchasing behaviour, but also social norms,” Meyermans Spelmans emphasises in conclusion. According to her, the very same mechanism that fuels overconsumption can also make sustainable alternatives visible and appealing. “In this way, sustainable fashion or practices such as mending your clothes find a place in the (digital) streetscape.”