EmpCo for the fashion and textile sector
From ACM (H&M, Decathlon) to CMA (ASOS, Boohoo, Asda) to AGCM/DGCCRF (SHEIN) to Adidas — fashion is where EmpCo lands on the most exposed ground.
No sector has accumulated more greenwashing enforcement than fashion. EmpCo now hits a vocabulary — "conscious", "responsible", "sustainable collection", "more sustainable materials" — that is already in regulators' sights.
Where the risks concentrate
- Materials claims — "recycled polyester", "organic cotton" must be specific, scoped and tied to recognised certification (GRS, OCS, GOTS, FSC for cellulosics).
- Whole-collection claims — calling a line "sustainable" when only some items qualify triggers Annex I point 4b. H&M discontinued the 12-year Conscious Choice collection in September 2023 — the precedent is now settled.
- Brand-owned labels and icons — "Our Eco Choice" badges fail Annex I point 2a unless they meet Article 2(r). Use FSC, GOTS, Bluesign or recognised Type I instead.
- Climate ambitions and offsetting — "Net zero by 2050" needs a published, time-bound, independently verified implementation plan. "Carbon-neutral T-shirt" at product level is banned outright when offset-based.
- Durability and reparability — EmpCo and the Right to Repair Directive (2024/1799) bring durability into B2C duties. Garment longevity claims and repair services must be substantiated.
A practical fix sequence
- Retire generic adjectives without recognised performance evidence.
- Re-scope or rename collection-level "sustainable" lines.
- Replace internal sustainability badges with recognised certifications.
- Restructure carbon-neutral product claims around value-chain reductions and contribution language.
- Build a defensible transition plan with independent verification for future climate ambitions.
- Align supplier contracts so claim evidence flows up the chain on demand.
The UK CMA's 2024 undertakings with ASOS, Boohoo and Asda are the operational blueprint: accurate and clear claims, banned vague terms, misleading natural imagery prohibited, targets requiring dates and strategies, internal policies, supplier due diligence, training, product spot checks and regular reporting.
Citations: ACM commitments H&M and Decathlon (Sept 2022); CMA undertakings ASOS/Boohoo/Asda (March 2024); AGCM SHEIN (2024); DGCCRF SHEIN penalties (2025); LG Nuremberg-Fürth v Adidas (March 2025); Forbrukertilsynet on Higg MSI.