Ep 157, Maxine Bedat on NY's Fashion Act
EPISODE 157 FEATURES MAXINE BEDAT
Have you heard about New York’s proposed sustainable fashion law? It’s called the Fashion Sustainability and Social Accountability Act, and if it is passes those behind it say: this groundbreaking piece of legislation that will make New York the global leader in accountability for the $2.5 trillion fashion industry. Supporters include the likes of Stella McCartney and Jane Fonda.
So, why do we need it? And does it go far enough?
If New York were a country, it would rank as the world’s 10th largest economy, bigger than Canada, Russia and Korea. You already know that the global fashion industry has major climate impacts. It is responsible for around 4% of carbon emissions (some say 10%). Meanwhile, supply chains remain stubbornly opaque, garment and textile workers continue to get a raw deal and fashion waste is a major polluter. And New York, as an iconic commercial rag trade hub, has the potential to play a powerful role in transforming things.
This week, Clare sits down with Maxine Bédat, founder of New Standard Institute, one of the driving forces behind the Act. They discuss how it came about, what it hopes to achieve and whether it's likely to fly. Maxine is sustainable fashion pioneer, formerly one half of Zady, and last year she published her first book - Unravelled, The Life & Death of Garment.
NOTES
THE ACT is would apply to all apparel and footwear retailers with global revenue of at least $100 million selling its products in New York State It focuses first on transparency, and would “require clear, relevant common and transparent reporting on Energy, greenhouse gas emissions, water, plastic use, and chemical management.” Included is provision that companies muse report on their use of plastic fibres - “These material disclosures would be a critical first step to curb plastic use in the fashion industry.” The Act would also require “companies wishing to sell to the New York market to set and achieve SCIENCE BASED TARGETS” to reduce their climate impacts., and “to be actively engaged in improving standards in their supply chain.”
ENFORCEMENT “The law would be enforced by the Attorney General or the Attorney General's designated administrator. Additionally, citizens may commence a civil action against a person or business in violation, or to ensure the Attorney General is enforcing the requirements of the law. Companies found to be out of compliance and which do not remedy within three months of notice of non compliance may be fined up to 2% of annual revenues.”
SPONSORS Senator Alessandra Biaggi and Assemblymember Dr. Anna Kelles. The latter, who has a degree in Biology and Environmental studies and a PhD in nutritional health, calls the Act’s proposed measures “common sense protections”. We simply should be doing this stuff…
COALITION BEHIND IT includes New Standard Institute, NRDC (Natural Resources Defense Council), Environmental Advocates New York, New York Communities for Change, South Asian Fund for Education Scholarship and Training (SAFEST), Ferrara Manufacturing, EarthDay.org, Oceanic, Uprose, and the New York City Environmental Justice Alliance.
SUPPORTERS also include Stella McCartney, Jane Fonda and previous podcast guests Amber Valletta and Rosario Dawson!
NEW STANDARD INSTITUTE is self-described as “A think and do tank using data and the power of citizens to turn the fashion industry into a force for good. “ Find them here.’
via Instagram @nsifashion2030
PRESS REACTIONS Loads of media coverage followed the announcement of the proposed bill, on January 7, 2022.
Vogue asked, “Will 2022 Be The Year The Fashion Industry Finally Faces Green Legislation?”
The NYT noted: “In 2010, California passed the Transparency in Supply Chains Act, which addresses modern slavery, in 2019 banned sales of new fur products, and last year passed the Garment Worker Protection Act, but the New York act focuses on the manufacturing end of the business, broadly define.” And, “The law will apply to global apparel and footwear companies, with more than $100 million in revenues, doing business in New York. That is pretty much every large multinational fashion name, ranging from the very highest end — LVMH, Prada, Armani — to such fast-fashion giants as Shein and Boohoo.”
Writing on Business of Fashion, however, in an op ed titled, “New York’s Fashion Act? More Like, Fashion Won’t Act”, Beth Esponnette (co-founder of fashion-tech startup Unspun) argued that “it doesn’t do enough to hold brands accountable”.
Then on January 14, ReMake published this open letter to Biaggi and Kelles slamming the bill as way too weak, and asking for amendments, writing:
“As a coalition of labor and human rights advocates and organizations working closely on issues connected to the fashion industry, we are concerned that this bill falls short of what is needed to protect people and the environment from the multiple harms caused by the sector. As such, we are writing to request considerations to strengthen the Fashion Act via a range of amendments.
Our primary concern is that the Fashion Act focuses primarily on disclosure. As such, brands will only be held accountable for failures to report, not failures to actively identify, prevent, mitigate and account for adverse impacts on people and planet on an ongoing basis, as set out by the UN Guiding Principles and OECD Guidelines and Guidance. It furthermore places no requirements on companies to provide for or cooperate in remediation for harms they cause or contribute to where appropriate. Liability, likewise, is only for failure to report. As it stands, this renders the Fashion Act far weaker than recent legislation passed in California (SB62), France and Germany and puts New York behind instead of ahead of the curve.”
The general gist is that “companies should perform rather than report on due diligence”.
Supporters of this letter include Fashion Revolution, Human Rights Watch and The Or Foundation.
“The Fashion Act is an example of a step towards a better, more regulated future. Our duty is clear, and now more than ever, we need to make changes to the way in which we do business. Action cannot be delayed and we need to commit to making a difference. ” - Stella McCartney.
ZADY was a n online clothing company based in New York City founded by Maxine Bédat and Soraya Darabi in 2013. They made the cover of Fast Company, did prime time TV news interviews, were deemed “the Wholefoods of fashion,” even managed a collab with Emma Watson on their quest to make sustainable fashion accessible. After Zady closed in 2018, Bedat asked, is another brand really the answer? She told Fashionista: “We can't buy ourselves out of the problem. A big part of the sustainability question is just how many garments are being produced, and having to slow that down. There will always be a natural tension for a fashion company between sales growth and addressing these issues."
Buy it here.
‘SO-CALLED SUSTAINABLE FASHION PERPETUATES A NOTION THAT WE CAN BUY OUR WAY INTO SUSTAINABILITY, AND THAT IT’S JUST A MATTER OF PURCHASING THIS THING OVER THAT. THIS IS NOT THE CASE. THE MOST SUSTAINABLE THING IS TO NOT BUY THE THING AT ALL.” - Maxine Bedat