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The French initiative aimed at reducing the environmental impact of the textile industry is far from becoming a reality. Indeed, while the Commission shares France's concerns and recognises that the objectives pursued are in line with EU policies and strategies, it criticises many of the measures envisaged (Opinion of 29 September 2025).
A legislative process full of pitfalls
The bill was initially submitted on 30 January 2024, and passed by the French National Assembly, before being shelved due to the dissolution of the Assembly by the President of the Republic on 9 June 2024.
After a grand return to Parliament, a new version of the text—strengthened with additional measures—was finally adopted by the Senate on 10 June 2025.
As a reminder, the bill aims to fight against “ultra-express fashion” practices, also referred to as “fast fashion” or “ephemeral fashion”, which are characterized by the release of a very large number of new product references and an almost constant renewal of collections, with Chinese companies like Shein clearly in the crosshairs of lawmakers.
The bill notably includes a very broad definition of ultra-express fashion, referring to industrial and commercial practices that result in a shortened usage period or lifespan of new products covered by the extended producer responsibility (EPR) scheme for textiles, due to the release of a high number of new product references or a lack of incentives to repair these products. Reference thresholds are then expected to be defined by decree, with specific provisions for online platforms.
The draft text also seeks to introduce a consumer information requirement by displaying a warning message, next to the price, on all product pages for platforms engaging in such practices.
Additionally, it proposes a penalty as part of the eco-contribution fee modulation mechanism for products subject to the textile EPR scheme, based in particular on the eco-score assigned under a new method for calculating the environmental cost of textile products. Under this framework, a minimum progressive penalty ranging from EUR 5 per product in 2025 to EUR 10 per product in 2030 would be imposed.
Besides, the bill also included an outright ban on any advertising—direct or indirect—promoting ultra-express fashion products and brands, notably by influencers.
Additional measures were introduced in the Senate, such as the requirement to indicate the country of manufacture of a garment on the digital sales platform near the price, the obligation to include a message encouraging more sustainable consumption in all advertisements. The insertion of a tax on small parcels under 2 kilos originating from outside Europe, set between EUR 2 and EUR 4, was also inserted in this last version of the bill.
Despite a clear political intent, serious legal concerns had been raised about several of these measures, particularly during the parliamentary debates.
Following its adoption by the Senate, the government immediately notified the bill to the European Commission, in accordance with the mandatory notification procedure for draft technical regulations.
A highly critical reasoned opinion
On 29 September 2025, the Commission issued a detailed opinion to France — and a highly detailed one at that.
In its response to the French government’s notification of the bill, the Commission pointed out numerous incompatibilities with European Union law and expressed reservations about most of its provisions.
It analyzed the bill’s content particularly in light of the E-Commerce Directive and the Digital Services Act (DSA), but also with respect to the Waste Framework Directive and other existing or upcoming EU rules (such as the free movement of goods, and the forthcoming delegated act setting ecodesign requirements for clothing under the Regulation on Ecodesign for Sustainable Products — ESPR, etc.).
To name just a few of the criticisms: the vague definition of ultra-express fashion practices and operators, and the unclear parameters and reference thresholds for products are among the key concerns.
The measures imposed on online marketplaces, which go beyond the maximum harmonization rules of the DSA, are also criticized.
Particular criticism is directed at the method for calculating penalties on eco-contributions imposed under the textile EPR scheme, notably because these penalties appear disproportionate compared to the objective of providing cost-efficient waste management services (eco-contributions are supposed to correspond to the costs necessary to deliver waste management services). Additionally, such method would make mandatory the French methodology for calculating the environmental cost of ephemeral fashion products (contrary to assurances given by France during the previous notification of implementing texts for the new textile eco-score.
Regarding the general ban on advertising, the Commission states that it is not currently able to verify compliance with EU law due to the lack of definitions for ultra-express fashion operators. It notably suggests clarifying how advertisers and influencers will be able to determine whether the products they intend to promote fall under ultra-express fashion.
Furthermore, it notes that the tax on small parcels could potentially qualify as a “tax having equivalent effect,” which may undermine the uniformity of the common customs system.
Finally, the Commission repeatedly emphasizes that it reserves its opinion pending the review of notifications for future implementing decrees.
An autumn/winter collection postponed ?
France is therefore expected to substantially revise its draft if it wants to avoid the risk of sanctions from EU institutions.
This represents a clear brake on the broad ambitions of the French legislator. Yet, there had been significant consensus within the French Parliament to regulate these practices.
It remains to be seen if and how this bill will be amended following this obstacle posed by EU law.
In the meantime, the French Parliament’s Joint Committee has been postponed without further details.
Fast fashion, slow motion…
