Co-authored by Nicolas Walker, Natasha Tardif, Yasemin Cimen and Camille Martin Saint-Léon

France is on the verge of adopting a far-reaching new Bill (Proposition de loi visant à réduire l’impact environnemental de l’industrie textile, AN, N° 1557, 17e législature) aimed at curbing the environmental impacts of “fast fashion.” The Bill marks a decisive shift away from purely voluntary initiatives over to mandatory consumer-facing environmental disclosures, extended producer responsibility reforms, tax penalties, and sweeping advertising bans. 

Although the initiative targets and penalizes fast fashion specifically, it will have impacts beyond the fast fashion sector: All market players in the textile value chain are potentially impacted by certain aspects of the proposal. In addition, the Bill and its obligations remain subject to uncertainty. 

First proposed in early 2024 as a private members’ bill by a group of center-right MPs, the Bill now has the government’s backing and was fast-tracked through the National Assembly and the Senate. The Bill’s goal is to foster a more sustainable and equitable textile market, while addressing the social and ecological costs of fast fashion production and consumption models. The Bill’s scope has expanded considerably from the initial draft, through amendments introduced in committees and on the floor.

Having been passed once in each House, the Bill has now been notified to the European Commission via the TRIS procedure for analyzing potential market barriers and will remain open for public comment until September 30, 2025. The Bill will then be returned to a Joint Parliamentary Committee, which will consider comments raised during the TRIS procedure and attempt to find a compromise between the versions of the Bill voted in each House. The final version of the law could be promulgated before the end of the year, but the current political situation in France makes timings uncertain. 

Ongoing political instability in France, resulting from a hung Parliament returned by snap elections in July 2024, makes it difficult to predict the likely legislative calendar for the Bill, although the Bill has enjoyed widespread bipartisan support to date.)

In the meantime, we provide an overview of the latest version of the Bill, its key obligations, and its impacts for in-scope businesses. 

Who is in scope? 

In principle, the Bill primarily targets companies introducing a high volume of new textile products onto the French national market, such as large online marketplaces or “ultra-fast” fashion brands. However, the thresholds used to determine which exact entities will be subject to obligations under the Bill are not yet known. Moreover, some provisions of the Bill apply to all entities that introduce textile products to the French market (not just fast fashion products).

The Bill does not define fast fashion at the level of individual products. Instead, entities will be considered to engage in “fast fashion practices” if:

1. they are “producers” of textile waste within the meaning of art. L. 541-10, French Environment Code (i.e., if they introduce textile products for the first time onto the French national market, irrespective of the sales channel); and
2. their “manufacturing or commercial practices” lead to a reduction in the lifespan of these products, as a result of either:

• the high number of new product references placed on the market; or
• a low incentive to repair.

In-scope textile products are defined by reference to the existing French extended producer responsibility scheme for textiles, covering all new consumer textile products for clothing, footwear, and household linen, as well as textile products for the home, excluding those which are “furnishing items” or are intended to protect or decorate furnishing items. This includes all common items of personal clothing, footwear, fashion accessories (hats, scarves, belts, etc.), and household linen (towels, bedsheets, tablecloths, etc.), but excludes soft furnishings (window dressings, cushions, etc.), bags, and professional equipment (specialist sporting or gardening attire, PPE, etc.).

The threshold for product references and the criteria for determining whether a product has a “low incentive to repair” will be defined, after promulgation of the law, by an implementing regulation (decree) adopted by the government. These thresholds are to be specified per “brand” and per “sales channel,” but considerable uncertainty remains – for example, it is unclear how the implementing regulations will treat unbranded products and actors who use multiple sales channels, who may not be the only parties responsible for introducing the same products onto the national market.

The Bill will also apply to e-commerce platforms, which facilitate sales of in-scope textile products by third parties as their “main sales channel.” Again, a decree will define the applicable thresholds. Notably, the concept of a “main sales channel” is not defined by the Bill, and it is unclear how in-scope e-commerce platforms will be in a position to verify the main sales channels of their users.

Key obligations and prohibitions 

What follows is a non-exhaustive summary of the main provisions of the Bill with the highest potential to impact textile sector actors placing products on the French market.

• Mandatory environmental awareness message for online marketplaces

Online marketplaces (but, curiously, not other distributors) engaging in fast fashion practices must display on their online sales interface, next to the price, and in a clear, legible, and comprehensive manner, messages encouraging sobriety, reuse, repair, and recycling of fashion products, informing consumers about their social impact, and raising awareness about their environmental impact. They must also display a message informing users about the environmental impact of the “product delivery method offered” (for example, the environmental impact of logistics and other parcel delivery services). The content of these messages will be defined by a further decree. Failure to comply with this obligation could attract an administrative fine of up to €15,000 per breach.

• Ban on using the word “free” in fast fashion promotions (“free shipping,” “free returns,” etc.)

All entities engaging in fast fashion practices will be prohibited from using the term “free” as a marketing and promotional tool. The intention is to forbid the use of phrases such as “free shipping” and “free returns” used to incentivize sales of fast fashion products. Again, the Bill provides for an administrative fine of up to €15,000 per breach.

• Mandatory indication of country of origin for online sales of textiles

All “digital platforms” (term not defined) selling anytextile products – irrespective of whether they are fast fashion products – must indicate the place of manufacture of the product, next to the price. A method for determining the origin of the product is not defined.

It is also unclear how this information will differ from the existing origin disclosure obligations under France’s AGEC Law (2020), which already requires producers and importers of certain textile products to provide information about origin and place of manufacture via a “product information sheet” published online. 

• Mandatory appointment of a local French representative for EPR compliance

Extended producer responsibility (EPR) is a term describing a regulatory framework that makes the producers of waste financially responsible for the lifecycle of the products they place on the market, notably by contributing to the costs of waste collection and recycling. Producers will often meet this obligation by joining a producer responsibility organization (PRO), responsible for collectively managing and financing waste collection (and other initiatives) on behalf of its members. Producers will declare the product volumes that they place on the market and pay fees to the PRO, either directly or via an authorized local representative. 

In response to an alleged prevalence of fraud (under-declaration of product volumes) by overseas actors, the Bill would require all EPR-liable producers who are not established in France to appoint a local representative to act as an agent responsible for ensuring compliance with their EPR obligations under all French EPR schemes (not just those for textiles). Until now, appointing a local authorized representative was a requirement for certain EPR schemes, such as those for batteries or electronic waste, as required by EU law. Under the Bill, a local authorized representative would become a general obligation for all out-of-country producers, for all product classes subject to EPR. Special arrangements will also apply to online marketplaces that fulfill EPR responsibilities on behalf of their sellers.

• EPR penalties of up to €10 per product by 2030 for items with a low sustainability score

One of the goals of EPR regimes is to incentivize producers to design products that are more durable, repairable, and recyclable, thereby reducing environmental impact and shifting the cost and responsibility of waste management from public authorities to producers. One of the ways this is achieved is by “adjusting” the EPR fees (or “eco-contributions”) paid by producers to PROs, based on the environmental merits of a product. For example, a producer might pay a higher fee (“penalty”) for a product that is difficult to recycle, or receive a discount (“bonus”) on fees for a product that already contains recycled materials. These fees are typically passed on to the end consumer as a visible or invisible component in the final price.

Under the Bill, EPR fees for textile products will now be adjusted according to a “sustainability score” (based on an existing calculation tool used for the voluntary environmental scoring of textile products). Products with a low sustainability score (i.e., those considered less durable or less repairable) will incur higher EPR fees, while more sustainable products may benefit from lower fees.

In a break from the normal functioning of EPR fee schemes, the Bill sets a minimum penalty amount for products with poor sustainability scores, starting at €5 per product in 2025 and increasing each year up to €10 per product in 2030. Products with poor sustainability scores will also be ineligible for any other EPR fee bonuses.

• Exclusion of fast fashion actors from tax credits on donations of unsold textiles

French law already prohibits the destruction of unsold inventory for non-food products, and a similar ban on the destruction of unsold apparel and footwear has been enacted at EU level. In practice, many companies comply with these prohibitions by donating unsold inventory to charities, which – under existing law in France – often generates a tax advantage linked to the donation. However, the Bill proposes to make all entities engaging in fast fashion practices ineligible for tax credits on donations of their products.

• Ban on all direct and indirect advertising for fast fashion products and for brands engaged in fast fashion practices

The Bill proposes an outright ban – like those that exist for tobacco products – on all advertising that either relates to fast fashion products or directly or indirectly promotes brands that engage in fast fashion practices. The proposed ban raises major questions about freedom of enterprise and has been severely criticized by both the local and European advertising industries.

• Ban on promotion of fast fashion products or brands by social media influencers

Social media influencers will also be banned from any promotion, direct or indirect, of fast fashion products, under pain of an administrative fine of up to €100,000 per breach. In effect, this would prohibit “haul” videos made by influencers to promote fast fashion actors on social media. This ban would be the latest in a series of restrictions imposed on influencers in France, who are already prohibited from promoting cosmetic surgery, medicines, nicotine, financial products, sports betting, and gambling.                                                 

• Mandatory sustainability awareness messages for advertising of fast fashion items

This provision signals a disagreement between the National Assembly (in favor of restrictions on fast fashion advertising) and the Senate (in favor of an outright ban). Under the proposed provision, advertising for fast fashion products would need to be accompanied by a message encouraging more sustainable consumption patterns, such as the purchase of second-hand products or rentals. Again, administrative fines of up to €100,000 per breach would apply.

• New tax on small parcels of non-European origin

The Bill proposes that all packages weighing less than 2 kg sent to household consumers by online marketplaces and similar platforms established outside the European Union, would attract a new domestic tax of between €2 and €4 per parcel. This proposal raises complex legal issues about compliance with EU customs law.

Next steps

Significant reservations about the Bill have been expressed by local and EU industry actors, both in the lead-up to its adoption by the French Parliament and during the EU TRIS process. The Bill’s initiatives raise significant questions about coordination with existing EU-wide initiatives, such as the incoming EU-wide EPR scheme for textiles and the other general principles for EPR schemes outlined in the EU’s Waste Framework Directive. The Bill also raises important issues – at both a local and EU level – about freedom of enterprise and the legality of blanket advertising bans, customs law, and the freedom to provide e-commerce services on a level playing field in the Single Market. 

What immediate actions can you take? 

• Internal fast fashion risk audit: Assess whether your collection turnover, repair policies, and sales channels could bring your business or your French distribution channels under the new rules. Review online product pages, marketing claims (especially regarding “free” services), and influencer contracts for potential changes. Prepare for a potential French advertising blackout on fast fashion items.
• EPR fee assessment: If your products are potentially affected by a low sustainability score, plan for higher eco-fees (and reduced bonuses) for low-durability items. Assess how this might impact the pricing model for the product. Engage early and carefully with PROs to ascertain whether there will be a material impact on annual EPR fees.
• Engagement: There is still a limited window to participate in the EU TRIS consultation before it ends on September 30, 2025, and thereafter to engage with the French Joint Parliamentary Committee to challenge unclear or burdensome rules.