10 June 2025, the French Senate adopted the proposed law aimed at regulating fast fashion, following over a year of intense parliamentary debate. The law was adopted by a very large majority: 337 votes in favor, one against, and three abstentions. The adoption by the Senate marks a significant milestone in the legislative process, which had started with the National Assembly vote back in 2024.

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However, this is not yet the final text. Given the substantial changes made between the Assembly and Senate versions, a Commission Mixte Paritaire (Joint Committee) will be convened in the autumn to reconcile differences and produce the final law. In parallel, as the text contains measures that could affect the EU internal market and e-commerce commercial activities, it will be notified to the European Commission under the TRIS procedure. The Commission will have approximately three to four months to analyze and comment on the French proposal. Another opportunity FESI will use to re-emphasize its concerns at an early stage about the eco-score.

Substantial Rewriting: From Fast Fashion to Ultra-Fast Fashion

One of the most significant developments is that the scope of the law has been considerably narrowed during the parliamentary process. While originally aimed at fast fashion more broadly, the Senate version now focuses more narrowly on ultra-fast fashion. This shift was openly defended by several senators, who argued that the law should target the most aggressive and unsustainable business models, while preserving affordable fashion brands that contribute to the local economy and employment.

As a result, mainstream brands such as Zara, Kiabi and Primark are no longer at the centre of the legislative target. Instead, companies operating with extremely high product turnover and volumes, often through cross-border e-commerce platforms, have become the primary focus of the text.

Advertising Restrictions and New Obligations

A key provision of the law remains the ban on advertising for ultra-fast fashion products. This measure, which had been initially introduced by the National Assembly, was temporarily removed by the Senate committee but then reinserted in plenary debates. The ban applies to advertisements that promote these highly unsustainable consumption models.

In addition to the outright ban, the law introduces a new obligation for advertisements to include sustainability messaging. All relevant advertising will have to feature information encouraging consumers to adopt more responsible consumption patterns, such as second-hand purchases and participation in the circular economy. This reflects a broader attempt by French lawmakers to reshape consumer behavior through regulatory messaging.

The Growing Role of the Eco-Score

While FESI does not oppose the fast fashion law, a particularly sensitive point would be the treatment of the environmental labelling system, or eco-score. In the version adopted by the Senate, the eco-score is explicitly mentioned as one of the tools that could be used to inform consumers and as a possible basis for future bonus-malus mechanisms. While the law stops short of making the eco-score formally mandatory at this stage, its inclusion in the text confirms that the French authorities intend to give it increasing regulatory weight.

This development is of great concern. Despite previous assurances that the eco-score would remain voluntary, its presence in binding legislation lays the groundwork for a de facto obligation for market operators wishing to advertise or sell in France. This is all the more problematic in light of the European Commission's position, which has consistently emphasized that any environmental scoring schemes should remain voluntary at EU level in order to safeguard the Single Market and prevent national regulatory fragmentation.

New Taxation on Imports from Outside the EU

The Senate version also introduces a new tax on small parcels imported from non-EU countries, directly targeting platforms like Shein and Temu that rely on cross-border, low-price, high-volume business models. This measure is intended to reduce the environmental impact of ultra-fast fashion imports and create more equal competitive conditions for European companies.

Next Steps and Timing

The French government will now notify the text to the European Commission, which will have three to four months to examine its compatibility with EU law. In parallel, the Joint Parliamentary Committee will meet in the autumn to finalize the text. Assuming no major objections from Brussels, the final adoption could occur by late 2025, with implementing decrees likely to follow in 2026. These decrees will be crucial as they will define key operational details, particularly concerning the eco-score, advertising rules, taxation and product definitions.

FESI's Concerns and Upcoming Action

The inclusion of the eco-score as a regulatory tool, even without formal obligation at this stage, confirms the risk that France is laying the foundation for a national environmental labelling requirement that may in practice become mandatory for all operators active in the French market pre-empting EU law. This goes directly against the EU Commission's repeated statements that such schemes must remain voluntary to avoid distorting the Single Market.

For this reason, FESI’s may consider addressing its concerns to the European Commission emphasizing the risk of market fragmentation, the contradiction between the French approach and EU law, and request that the Commission carefully scrutinize the French law during the new TRIS procedure. In particular, FESI would urge the Commission to issue a formal opinion reaffirming that environmental labelling must remain voluntary at the EU level, and to engage with the French authorities to ensure legal compatibility.

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