Introduction

In today’s world, fashion is an increasingly powerful industry and strongly intersects with
sustainability. As consumer awareness grows, pressure has been placed on the fashion industry to ensure ethical practices are aligned with legal compliance, and sustainable and environmental measures are given importance. We will outline the need for sustainable fashion, why environmental issues are important, innovation, and legal challenges that arise from the industry.

Sustainability, the Environment, and Innovation

Luxury fashion, specifically high-end brands, have the potential to have a major impact on defining the benchmark of sustainability owing to the influence they have over their customers. In order to promote sustainability in fashion, brands must utilize environmentally friendly materials: for example plant-based leather, recycled cashmere, and organic cotton. When brands guarantee ethical sourcing, fair labour practices, and safe working conditions, this in turn strengthens the relationship with their customers, and promotes trust. High-end brands must avoid “old school” mentalities such as “burning their last season stock” instead of offering it at discounted prices in order to reduce their carbon footprint, and eliminate waste materials and pollution. There are likely to be differing views on the viability of luxury brands becoming more accessible instead of destroying stock, the reality is, burning stock causes damage that brands cannot afford to be associated with in a globally conscious world.

Instead of viewing sustainability as a key to trendiness, consumers should view it as essential. According to studies, luxury brands with robust sustainability policies and procedures are expanding at a faster pace than their rivals. This is owing to an increasing awareness of a generational mentality of spending money on goods that reflects their moral and environmental principles. Strategies that encourage customers to be more sustainable include brands collaborating with well known influencers, designers, and artists who promote sustainability, obtaining certifications from reputable third-party organisations, and using cutting edge materials that are sustainable such as mushroom leather (Mycelium Leather), a biodegradable alternative to traditional leather.¹

Luxury brands are shifting towards innovative approaches in sustainable fashion which include 3D virtual sampling. This process eliminates physical samples to precisely envision the product. Virtual sampling transforms this process by using 3D technology throughout the development and design phase which include sketching, sampling, and showroom presentation. This approach heavily reduces substantial waste and pollution.

Another approach is digital identification for tracking products and materials. Complex supply chains in fashion consist of a network of manufacturers, suppliers, and farms. When brands have an insight into the sources of their materials through digital identification, they will be able to track their footprint and eliminate environmentally damaging behaviours.

“EON” is a platform that transforms business with end-to- end product traceability. It creates a cloud-based digital profile for every item and traces their lifecycles including the material date, events, and certifications. This method delivers transparent product information and authenticity to the consumer and complies with upcoming regulations and promotes sustainability.² Finally, eliminating blended fabrics as clothing made from single materials are easy to identify.

“Refiberd” is a cutting edge recycling technology which analyses the content of fibres using hyperspectral imaging systems and artificial intelligence. This technology could also separate materials which in turn eliminates waste and could help divert up to 70% of the textile waste stream to high value recyclers.³

Such innovative technology redefines the fashion industry in terms of sustainability and disclosure to consumers which in turn increases trust.

The Impact of Ethical Entrepreneurs in Promoting Sustainable Fashion

Ethical entrepreneurs play a vital role in reshaping the fashion industry’s future into a much more sustainable one. From utilising sustainable materials to prioritizing transparency and providing customers with details of material and manufacturing processes of the product. Ethical entrepreneurs guarantee fair pay, and a healthy and safe work environment for their employees. They advocate for slow fashion with an emphasis on ethical manufacturing. While supporting ethical entrepreneurs, customers are promoting innovation and industry transformation, preventing exploitation, and investing money on durable and high quality products minimising negative environmental practices, waste, and carbon emissions.

Women have a large impact on sustainability and leadership in fashion. A new generation of women such as Stella McCartney, Gabriela Hearst, and Priya Ahluwalia have significantly impacted the transformation of the fashion industry towards a more sustainable one. Surveys indicate the fashion industry’s economic outlook and production are correlated to ecological and feminist concerns. Priya Ahluwalia is the founder of an award winning fashion label that transforms vintage materials into ecofriendly fashion pieces using a variety of patchwork techniques. Ahulwailia is featured on Elle’s inaugural 2024 ‘Green List: Threads of Change’ which celebrates people, collectives, and brands pushing for sustainability and change in fashion. In December 2022, she was honoured for her work in sustainability at the Vogue ‘Forces for Changes’ dinner, and has been awarded for being a “People Honouree” in December 2020 for leading and promoting sustainability and diversity.⁴

The Legal Aspect

Stronger legislation surrounding the fashion industry is needed as it faces challenges related to the environment, fair labour practices, and sustainability. Specific legislation to address such challenges will hold companies accountable. Legislation will mandate companies to meet ethical standards instead of relying solely on voluntary measures.

Regulatory changes that would improve ethical standards include mandatory transparency in supply chains wherein companies disclose all information regarding material sources, production, processes, and labour conditions. Where companies disclose such information, consumers, investors, and stakeholders are able to monitor the businesses they support and put pressure to always adopt better practices. Owing to the lack of enforcement and oversight, many companies avoid laws especially when work is undertaken through unorganized and subcontracted companies. Currently, the fashion industry undergoes untrustworthy third-party audits which contribute to unethical businesses not being held accountable for their actions.

There are various legal and ethical blindspots that exist in the fashion industry which require the effort of those involved to encourage and implement change. These include;

• Supply Chain: Where many questions arise around the exploitation of workers and the working conditions.
• Environmental Impact: Many consumers and customers question practices and have much more awareness of sustainability and ethical ways of doing business. This could impact fashion brands who do not follow environmental standards, causing an influx of legal issues in the industry.
• Global Digitalization: There is likely to be an increase of legal issues surrounding
  ownership and intellectual property rights in respect of digital fashion.
• Greenwashing: Greenwashing is the act of a company making environmental claims to promote sustainability and a positive environmental impact, but in reality is misleading the public. ⁵

Although many high end brands attempt to embrace eco-friendly materials and ethical sourcing, this shift could be disingenuous and simply greenwashing the public. This is done through the use of incorrect labels on products, using terms such as “sustainable” in a vague manner, and highlighting specific environmentally friendly aspects whilst contributing to other harmful practices.⁶ Greenwashing is misleading, and brands who contribute to such practices may face detrimental legal consequences such as reputational damage, fraudulent misrepresentation, negligent misrepresentation and the risk of litigation from affected parties.⁷

The United Arab Emirates (the “UAE”) has implemented policies and regulations to continuously strengthen sustainability at a local and global level, and provided targets to ensure that the values of the conservation of the environment are met.⁸ The Federal Law No. (12) of 2018 on Integrated Waste Management provides policies on waste management liability, waste disposal, and penalties to ensure both entities and individuals are complying with the proper environmental practices which guarantees sustainable measures.

The Federal Law No. 15 of 2020 on Consumer Protection in the UAE outlines the importance of ensuring correct information is provided in respect of goods and services that are purchased, used, and consumed by the consumer. If damages incur, the consumer is entitled to receive fair compensation.⁹ Therefore, brands must ensure that their claims are accurate and verifiable to comply with the law and to avoid fines and penalties.

As consumers, we are responsible for ensuring that our purchased goods come from an ethical source and must continuously promote sustainable practices. Legal professionals must ensure that proper regulations are in place and are updated regularly in accordance with upcoming legal issues. As for fashion entities, it is important to ensure compliance with the law and transparency to consumers. This will promote change and make a positive impact both legally and environmentally.

SOL International Ltd undertakes fashion law and is happy to provide any assistance as required.