Article

Fashion's big waste problem: how do brands manage their impact?

17 January 2025 | Applicable law: EU, Italy | 6 minute read

The fashion industry, as reported in the media, has a significant impact on the environment , and now accounts for almost 10% of global carbon emissions. Waste, from production and consumer behaviour, is a critical factor.

It is a complex problem for all stakeholders, from luxury brands to all fast-moving consumer goods . Managing this issue and creating meaningful impact will require a seismic shift in supply chain and production management.  

In this article we unpack the waste issues, the challenges with the circular economy, and look at what brands can do.

Types of waste and by-products of fashion

The fashion industry generates a wide range of waste from both the production and consumer perspectives. This waste can be divided into several categories:

Production waste

Waste is generated during the clothing manufacturing stage in many ways and includes:

  • Fabric scraps: During garment production, a significant proportion of fabrics are discarded. In some cases, such as in the production of tailoring or high-fashion clothing, the waste can be considerable. It is estimated that on average about 15-20% of textile material is discarded during production.
  • Chemical waste: The fashion industry uses a number of chemical processes (e.g. for dyeing, fibre treatment, and fabric finishing), which generates hazardous waste such as chemical solutions, paints, solvents, and other toxic substances. This waste can contaminate the environment if not treated properly.
  • Fibre waste: Synthetic fibre (such as polyester, nylon, and acrylic) and natural fibre (such as cotton or wool) are often discarded in huge quantities during the manufacturing process. Synthetic fibres are particularly problematic because they are not biodegradable and are difficult to recycle.

Waste resulting from the use of the product

Once clothes reach consumers, waste abounds here as well:

  • Discarded clothing waste: Consumers often discard clothing they no longer use, creating a growing mass of used clothing that ends up in landfills or incinerators. An estimated 92 million tons of clothing is discarded worldwide each year, with only a small fraction of it recycled or reused.
  • Damaged clothing: Often clothes that are ruined (from wear and tear, rips, stains) are abandoned, with no repair.

Specific by-products and wastes

  • Leather and textile materials derived from animals: The fashion industry uses leather, silk and other materials derived from animals. These by-products, if not treated properly, can become toxic waste, particularly in the case of leather treated with chromium (a heavy metal), which can contaminate water resources if not disposed of properly.
  • Microplastics from synthetic fabrics: Synthetic fabrics, when washed, release small plastic fibres into the water, which then end up in the oceans, air and infiltrate our food systems. Although they are not solid waste in the traditional sense, these microplastics are a serious ecological problem arising directly from fast fashion.

The challenges of ethical disposal

The disposal of fashion industry waste and by-products is problematic for several reasons, ranging from poor recycling infrastructure to technical difficulties in processing certain materials.

Difficulties in recycling materials 

Many of the materials used in the fashion industry, especially synthetics such as polyester, are not easily recyclable. Some blended fabrics (e.g. polyester and cotton) are particularly difficult to separate and recycle. Chemical recycling, which could be a solution, is still underdeveloped and expensive.

Contamination and hazardous waste

Chemical wastes from textile processing can include toxic dyes, pesticides (as in the case of cotton) and heavy metals (such as chromium in leather processing). If not treated properly, these wastes can contaminate soil and water, with devastating effects on local ecosystems. The management of this waste is therefore extremely complex and requires advanced disposal techniques.

The landfill as a final destination

A large proportion of discarded or unused clothing ends up in landfills. According to some estimates, only 20 percent of discarded clothing is actually recycled, while the rest ends up incinerated or in landfills. This contributes to clogged landfills, emitting greenhouse gases and releasing harmful chemicals into the soil and groundwater.

Greenwashing

Some companies take superficial sustainability measures to attract environmentally conscious consumers without a real commitment to waste and emissions reduction, creating confusion and disincentivizing real change in the industry. This also exposes brands to investigation and reputational risk.

Planned obsolescence and fast fashion

The "fast fashion" model, which promotes the massive production of low-cost, limited-life garments, is one of the main factors driving the market toward a continuous accumulation of waste. Clothes produced under this model are often of low quality, designed to last only a short time and quickly become obsolete, thus contributing to an increasing mass of textile waste.

Challenges and opportunities in textile waste management

The fashion industry faces significant challenges in managing waste and by-products, but there are several solutions that could help reduce environmental impact and improve disposal:

Legislation and regulation

At the European level, the Waste Directive 2008/98/EC establishes the waste hierarchy (prevention, recycling, recovery, disposal) and obliges member states to implement recycling and reuse policies. However, the legislation does not always specifically address textile waste. Initiatives are underway to update European legislation, with proposals such as the European Commission's Circular Economy Action Plan  , which includes measures to improve textile recycling and reduce waste.

In July 2024, as part of the European Green Deal and the Circular Economy Action Plan, the European Commission introduced the Ecodesign for Sustainable Products Regulation ('ESPR'). This regulation aims to improve the sustainability and impact of products placed on the EU market by introducing measures such as digital passports for products and a ban on the destruction of unsold consumer goods. Read our summary here.

In Italy, Legislative Decree 116/2020 mandates the separation of textile waste and incentives for recycling, but an adequate network of textile-specific recycling facilities is lacking, and the collection system is still underdeveloped in many regions.

Circular fashion and reuse

One of the most promising solutions is the circular fashion model, which seeks to extend the life cycle of garments by encouraging reuse, recycling and repair. Some major fashion companies are already adopting practices of collecting used clothing for recycling. Some brands are also promoting upcycling, which is the transformation of old garments into valuable new products, and also developing 'resale' platforms to drive circularity.

Innovative technologies for textiles 

Chemical and mechanical recycling is making progress. Several companies, such as Worn Again Technologies Ltd, are developing technologies that can turn used fabrics into new yarns, thus reducing the need to use new resources.

Sustainable fabrics are now being developed for large scale commercial use, along with dyes and processes which have minimal or no environmental impact. Waste consumer plastics are also being used to create fabrics and new consumer goods, creating a wide range of opportunities for startups, and genuine impact. These solutions could be critical for brands to evolve. Tax incentives and extended producer responsibility policies.

Some countries are introducing extended producer responsibility (EPR) policies, which oblige manufacturers to collect and recycle products once they reach the end of their life cycle. These schemes, if well implemented, can incentivize brands to design garments that are more easily recyclable and to invest in waste management infrastructure.

Conclusions and future prospects

The management of waste from the fashion industry is a complex issue that requires coordinated efforts among legislators, industry and consumers. Although regulations exist that can steer the industry toward greater sustainability, a radical change in the design, production and consumption of fashion products is needed. Solutions must be integrated into a broader vision of a circular economy that encourages recycling, waste reduction and corporate social responsibility.

Future developments could include the introduction of more stringent requirements for textile waste management, incentives for the adoption of sustainable technologies, and increased international collaboration to ensure uniform and more effective regulation.

In a constantly evolving regulatory environment, with numerous critical interpretative issues and sometimes significant penalties, consultation with attorneys specializing in the field is increasingly crucial for the proper management of fashion waste.

For brands, setting out clear policies and procedures to meet compliance targets and optimising supply chains to embed more ethical processes will become critical.  We recommend conducting an audit to ensure compliance with impending legislation and guidance, in order to define mission critical priorities and actions.

How can we help?

We work with major brands, founders and supply chain businesses to help them optimise their operations and navigate complex legal issues. Our clients benefit from the services of an international team experienced in providing efficient and value-added advice on every aspect of this complex and fast-changing area of law.

Alongside wider support for brands and fashion businesses, we can specifically advise on:

  • Land use planning, facility siting and expansion
  • Waste management contracting with suppliers 
  • Waste management compliance
  • Acquisition and divestiture of waste facilities/businesses, with specific reps and warranties
  • Remedial proceedings and actions
  • Remedial agreements
  • Permitting of waste facilities
  • Assisting with cross border compliance to meet the EU and US regulatory requirements.

Our global, multi-disciplinary team, with extensive experience in the fashion industry, is here to help. Please get in touch if we can assist you. 

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

Share

Related experience

As a full-service law firm, we are able to provide advice and information about a wide range of other issues. Here are some related areas.

Join the club

We have lots more news and information that you'll find informative and useful. Let us know what you're interested in and we'll keep you up to date on the issues that matter to you.