The Fashion Act is a groundbreaking piece of policy that confronts the industry’s multifaceted challenges by establishing benchmarks for social and environmental responsibility. 

“This is an all-encompassing piece of legislation,” said journalist, climate advocate, and Fashion Act ambassador Sophia Li. “It has all the intersectional points that other policies are looking at and trying to address [individually]. When it comes to national and global fashion policy, it’s on par with the policy that’s being passed in the EU.” 

At its core, the Act tackles environmental degradation by compelling companies to—at a minimum—set, adopt, and achieve Science Based Targets for reducing carbon emissions; these are five to 10year targets that dictate the speed at which companies must cut their emissions to adhere with the Paris Agreement’s objectives of capping global warming at well below 2°C above pre-industrial levels with an aim of limiting it to 1.5°C. The Act also addresses the endemic issue of chemical mismanagement in fashion’s supply chains, and requires companies to collaborate with their suppliers to minimize the environmental impact of chemical use in garment production. As a major producer of wastewater, the clause is intended to put a stop to the fashion industry’s pollution of waterways with toxic waste, which chronically jeopardizes the health of textile workers and nearby communities.

The Act also tightens up on labor protections within the fashion system. The Act mandates fair labor practices through legal safeguards for garment workers that will help them receive their legal wages—a fundamental step toward combating the prevalent issue of labor exploitation and wage theft within the industry. The framing of effective due diligence in the Fashion Act means that if garment workers are not receiving their due wages, and have evidence of this with regards to the brands they’re producing for, then the brand would be, by definition, not in alignment with the law. The hope is that these provisions will enable the Act to establish a comprehensive approach to sustainability and social responsibility, which will be underpinned by stringent enforcement measures.

Building upon the legislative efforts in Europe, the Act promotes a single reporting structure that will streamline compliance and enhance accountability across the fashion sector. The reporting requirements include supply chain mapping, social and environmental sustainability reports that outline company policies and findings, the disclosure of greenhouse gas emissions and materials used, and the median wage of workers. By standardizing due diligence efforts across brands all the while maintaining specificity in targets across key areas such as climate, chemical management, and labor rights, the Act sets a precedent for global action toward a more just fashion industry.

The Fashion Act is specifically taking aim at companies with a large carbon footprint—not independent designers or small-scale brands. The regulation would only apply to any company generating over $100 million in global revenue, and would extend far beyond the U.S. by affecting any brands that sell into the state of New York. The idea is to leverage New York’s status as the 10th largest global economy, the Act incentivizes compliance by linking access to this market with adherence to its regulations—and it’s how the Act aims to catalyze systemic change within the industry.

“If Bangladesh was to increase the country’s minimum wage, but other counties didn’t also raise wages, then these other countries would become more competitive,” said Bédat. “We need to create disincentives for this race to the bottom. That’s why having regulation in the consumer countries is very important to any efforts happening in countries of production.”

The Fashion Act, which was initially put forward in the 2022 New York legislative session by State Senator Alessandra Biaggi and Assemblymember Dr. Anna Kelles, is now with state lawmakers after being reintroduced in 2023—and on May 7, supporters of the bill will be traveling to Albany to advocate for its passage. The public endorsement of the bill will likely focus on its groundbreaking intersectional approach to regulation in the industry; on its recognition of the industry’s overlapping systemic injustices that weigh on local communities and ecosystems the world over. 

“There are so many underpaid and mistreated workers; often women of color in the Global South,” Li told Atmos. “From an environmental standpoint, the chemical abuse from [mismanaged] textile mill waste ends up impacting the local communities; their drinking water systems and the biodiversity of their ecosystem. So, [without proper regulation], this becomes a perpetual cycle that really never ends.”