B.A.F.F.L.E.D. Fashion Law
France Takes A Stand Against Unhealthy Modeling--
Just as U.S. Congresswoman Meng (D-NY) is working to address child labor issues in the United States, France is working to improve the culture of fashion modeling in one of the industry's oldest markets.
To ensure the reforms are real, France is requiring doctors' approval for models to participate in shows, proving they are not too thin, and healthy enough to take the catwalk. This is a major step in an industry that's been fighting labor health and image issues for so long. The bill passed by the French National Assembly also requires photos which have edited a model's appearance to note what edit was made.
Similar to the laws already in place in Italy, Spain, and Israel, France's law includes fines for modeling agencies and advertisers in non-compliance. While there is no law of this kind in America, we hope this is the start of a trend to promote not only healthy bodies in the modeling industry--of all sizes, but positive body images and high self-esteem, too.
Cheers to France on this move.
Just as U.S. Congresswoman Meng (D-NY) is working to address child labor issues in the United States, France is working to improve the culture of fashion modeling in one of the industry's oldest markets.
To ensure the reforms are real, France is requiring doctors' approval for models to participate in shows, proving they are not too thin, and healthy enough to take the catwalk. This is a major step in an industry that's been fighting labor health and image issues for so long. The bill passed by the French National Assembly also requires photos which have edited a model's appearance to note what edit was made.
Similar to the laws already in place in Italy, Spain, and Israel, France's law includes fines for modeling agencies and advertisers in non-compliance. While there is no law of this kind in America, we hope this is the start of a trend to promote not only healthy bodies in the modeling industry--of all sizes, but positive body images and high self-esteem, too.
Cheers to France on this move.
B.A.F.F.L.E.D. Fashion Law
Fashion Law Back On Capitol Hill--
Now this is fashion law! Following many attempts (and surely more to come) to get protection for fashion designs, there is a new push for legislation in the fashion industry. U.S. Representative Grace Meng (D-New York) has filed the Child Performers Protection Act of 2015. Never before have we seen child labor standards of this sort at the federal level.
Being a patchwork of regulations across the state for so many years, child labor regulations could now see national standards. Representative Meng's billl, H.R. 3383, amends the Fair Labor Standards Act of 1938, updating child labor standards for performers including actors and models. The legislation prohibits employers or contractors from: (1) employing any child performer unless a trust is set up to receive at least 15% of their earnings, (before accepting work) to be held inaccessible until they reach the age of 18; and (2) compensating a child performer in any form besides cash wages, exclusive of board, lodging, or facilities. Accepting in-kind payment is great sometimes, but it should definitely be a mere bonus. It'll never pay for college or be a base for financial security and good savings habits. Anyone working should be compensated--no matter the age. So many brands make more than enough to properly compensate their coveted talent.
As a legislative lawyer, I am excited to see this issue before the legislature. It is a long time coming, even with the Council of Fashion Designers of America having offered guidelines on model treatment for sometime now. Always an industry leader, CFDA has offered a strong health initiative, with self-imposed rules to bar models under 16 from runway shows, educate on eating disorders and empower positive body images, and offer fitness education as well. Designer and Boss role model Diane von Furstenberg has made her own pushes for fair and appropriate treatment of models, most recently during fashion week. Surely this foundation will be helpful in passing H.R. 3383. While few bills pass any legislature as they arrive, this bill takes a great step forward in parity and standardization in the fashion industry. Protecting models and easing the labor challenges and disparities is a much-needed step forward.
The bill has been assigned to the House Committee on Education and the Workforce. We'll be watching.
For more on labor issues in the fashion industry, check out these posts:
B.A.F.F.L.E.D. Fashion Law
The True Cost: A Fashion Documentary Behind Manufacturing--
While many see fashion and the industry at large to be frivolous and superficial, it's actually a billion-dollar market with many very serious issues. Garment production is one of the most serious--especially when it comes to the working conditions employees are subject to.
The fast-fashion niche, you know--the likes of Forever 21, H&M, Zara, etc.--have created their own place in the industry. This segment has many positives, particularly for young shoppers, shoppers on a budget, and anyone needing something trendy in a hurry. However, negatives have come along with this market, too. They've been on the receiving end of lawsuits for infringement on high fashion/designer styles, discriminatory hiring practices, and the labor conditions of their factories. Fast-fashion is all about filling the racks in a hurry. Someone has to make those garments--often under harsh conditions.
Things have changed drastically over the last few decades. In the 1960s, 95% of American attire was made right here in the states. Now, that number is flipped to about 97% produced overseas.
Executive Producer Livia Firth of The True Cost, a documentary digging deep into a number of these issues, noted at the NY screening "We are sold this myth that to buy a dress for under $10 is democratic--but it's democratic for who? We discard faster and faster, and that is how the consumer becomes poorer and poorer. 2 of the 10 richest men in the world are the owners of Zara and H&M. I think it says a lot about how they make their money."
Her film delves into the realities of factory workers in places like Bangladesh and Columbia. It puts a face behind the garments so many throw on and throw away. Stepping far behind the scenes of your favorite mall stop, you'll see a story behind every thread, of people who can't afford what they make, and what they endure during production.
Check the trailer. This is a must-see.
The True Cost is currently available on iTunes, Amazon, DVD, and Blu-ray.
For more on labor issues in fashion, click here.
While many see fashion and the industry at large to be frivolous and superficial, it's actually a billion-dollar market with many very serious issues. Garment production is one of the most serious--especially when it comes to the working conditions employees are subject to.
The fast-fashion niche, you know--the likes of Forever 21, H&M, Zara, etc.--have created their own place in the industry. This segment has many positives, particularly for young shoppers, shoppers on a budget, and anyone needing something trendy in a hurry. However, negatives have come along with this market, too. They've been on the receiving end of lawsuits for infringement on high fashion/designer styles, discriminatory hiring practices, and the labor conditions of their factories. Fast-fashion is all about filling the racks in a hurry. Someone has to make those garments--often under harsh conditions.
Things have changed drastically over the last few decades. In the 1960s, 95% of American attire was made right here in the states. Now, that number is flipped to about 97% produced overseas.
Executive Producer Livia Firth of The True Cost, a documentary digging deep into a number of these issues, noted at the NY screening "We are sold this myth that to buy a dress for under $10 is democratic--but it's democratic for who? We discard faster and faster, and that is how the consumer becomes poorer and poorer. 2 of the 10 richest men in the world are the owners of Zara and H&M. I think it says a lot about how they make their money."
Her film delves into the realities of factory workers in places like Bangladesh and Columbia. It puts a face behind the garments so many throw on and throw away. Stepping far behind the scenes of your favorite mall stop, you'll see a story behind every thread, of people who can't afford what they make, and what they endure during production.
Check the trailer. This is a must-see.
The True Cost is currently available on iTunes, Amazon, DVD, and Blu-ray.
For more on labor issues in fashion, click here.
B.A.F.F.L.E.D. Fashion Law
DVF Urges Fair Treatment of Models--
Diane von Furstenberg is such a fashion icon. She's a trailblazer in so many ways. She brought us the wrap dress, has been a major supporter of anti-piracy legislation for fashion on Capitol Hill, and worked with fashion law leader Susan Scafidi in establishing the Fashion Law Institute. Now, she's commanding fair treatment of models as NYFW gets rolling this Wednesday.
Sure, fair treatment of models is nothing new. We've talked about labor issues models face and the work Stand Up For Fashion (STUFF) has done. The push from such a fashion powerhouse just might be, though. For years, major fashion week participants have been scrutinized for their lack of diversity in runway shows and the self-esteem damaging atmosphere for the models they do choose. As longtime President of the Council of Fashion Designers of America (CFDA), Ms. von Furstenberg is saying loudly--no more!
Along with CFDA CEO Steven Kolb, Diane has penned a letter, encouraging this upcoming fashion week be just as much about debuting new trends and styles as it is debuting new attitudes. She continues to remind us, beauty and fashion start on the inside.
Check out the letter for yourself.
We love DVF, don't you?!
B.A.F.F.L.E.D. Fashion Law
The Battle of Counterfeits in Big Cities, Part 3--
Not too long ago, we started talking about the fight large American cities have against counterfeits in their markets. We discussed how they get to the market, and what legislatures and law enforcement are doing to counter the problem. Today, we're taking things a little bit further. Here are 3 additional points about the counterfeit market.
Counterfeits v. Employment
The Cost Hits Local Governments, Too
It doesn't get the news coverage it may deserve to help alleviate it, but the fake trade has been linked to drug trafficking, child labor, and even terrorism. Counterfeiting often feeds drug rings and are literally accessories in human trafficking. Further, children are frequently used to produce illegal items. The Zara factory in Argentina was investigated and shut down earlier this year because of poor working conditions, no breaks for adult workers, and consistent use of children in their labor force. The investigation also included a search into whether or not unauthorized products were made. The gray market is heavily sustained by child labor.
Not too long ago, we started talking about the fight large American cities have against counterfeits in their markets. We discussed how they get to the market, and what legislatures and law enforcement are doing to counter the problem. Today, we're taking things a little bit further. Here are 3 additional points about the counterfeit market.
Counterfeits v. Employment
Counterfeits are directly responsible for the loss of over 750,000 American jobs. As we mentioned before, having particular global locations be responsible for certain pieces in the economic cycle is not a bad idea. it works well in many ways. However, having local jobs is necessary in every nation. It may be more efficient for a nation or city to produce certain products because of their climate or other unique settings. But, moving jobs overseas to keep profits sky high is not helpful to the overall economy. It is also a detriment to the receiving nations, where they often work for wages and in conditions Americans would never accept. We also can't forget how much counterfeits cost the actual brands. This starts a chain reaction as well. International copyright piracy has cost U.S. companies $9billion in trade losses.
The Cost Hits Local Governments, Too
In NYC alone, counterfeit sales cost residents about $1billion in lost sales tax. This is doing the same in places like Chicago, Atlanta, LA and other areas with large fashion constituencies. Local governments are already struggling to keep services and necessities available. Missing additional tax revenue is not helpful. Sure, some tourists make it a point to visit the counterfeit markets when traveling, but this takes away from the money used for local infrastructure and contributes to the financial hardships in which many cities have found themselves.
There is a Social Cost
There is a Social Cost
It doesn't get the news coverage it may deserve to help alleviate it, but the fake trade has been linked to drug trafficking, child labor, and even terrorism. Counterfeiting often feeds drug rings and are literally accessories in human trafficking. Further, children are frequently used to produce illegal items. The Zara factory in Argentina was investigated and shut down earlier this year because of poor working conditions, no breaks for adult workers, and consistent use of children in their labor force. The investigation also included a search into whether or not unauthorized products were made. The gray market is heavily sustained by child labor.
Harper's Bazaar has been extremely active in the battle against counterfeits in their Fakes are Never in Fashion campaign. Check them out and see what you can do to help keep fakes out of the market.
B.A.F.F.L.E.D. Fashion Law
International Production: Fashion's Trip Around the World--
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye.
Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye. Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
B.A.F.F.L.E.D. Fashion Law
The Battle of Counterfeits in Big Cities, Part 2--
Last week we talked about the fight big cities are having against counterfeits. Places like Chicago, New York, and Atlanta--largely because of their transportation centers--are consistently working to keep the counterfeit market in check within their borders. Today, we're going to talk about how the counterfeit chain begins.
How do counterfeits come to the market in the first place?
Counterfeits are considered products purporting to be part of a popular designer brand, but sold in what we'll call a shady way. Designer items are sold directly from their source, or through licensing agreements permitting items to be sold in other outlets. An example of such licensing would be Christian Louboutin shoes being sold at Bloomingdale's. Bloomingdale's has an agreement with Louboutin allowing them to sell their shoes in the store.
What happens in the counterfeit market is contrary to direct sales or licensing agreements. Items which look a lot like the real deal show up in places the designer has not authorized, and the price is always far less than the true value or market price of the item. Often, counterfeits circulate through the market innocently, when consumers buy them from sources they trust, like friends having "purse parties" or donations to charitable organizations. However, the source to these innocent consumers is far from innocent. They may start at a place like Canal St. in NYC or boutiques claiming to have deals on designer items. The items come in in droves. Here's how the chain starts.
Gray Market Production
We know the black market is where items are sold illegally. Well, the gray market is somewhat similar. The gray market is created when factories licensed to produce designer goods under certain terms and conditions step outside those boundaries and create their own, infringing items.
As an example, a factory is licensed to produce Chanel bags under the protocol provided by Chanel. Bags are to be made from 9am local time to 5pm, using specific materials and methods. At 5:30, the production continues, but the items are 1) unauthorized by Chanel, and 2) produced in such a way to make consumers believe the goods are Chanel, but protect the infringing bag-maker from a quick infringement, contracting, and licensing lawsuit. The goods get shipped, and in the best cases, they're stopped at customs to protect designers and consumers from infringing products. No worries, the lawsuit does come later.
This gray market method is one of the largest sources of counterfeit goods and is the baseline of a billion-dollar market. To curb the negative effects of this market, a myriad of things must be done: legislation, brand vigilance, accurate contracting, policing, and more.
Share with us how you feel about counterfeits, fakes, and knockoffs. Let's keep the conversation going.
Stay tuned for more on international production and fashion labor.
*Designer goods is a fairly loose term when used in this article. It does not describe high priced goods only, it includes items at any price point, but specifically those protected by a trademark or brand recognition in some way. Price is not a factor.
Last week we talked about the fight big cities are having against counterfeits. Places like Chicago, New York, and Atlanta--largely because of their transportation centers--are consistently working to keep the counterfeit market in check within their borders. Today, we're going to talk about how the counterfeit chain begins.
How do counterfeits come to the market in the first place?
Counterfeits are considered products purporting to be part of a popular designer brand, but sold in what we'll call a shady way. Designer items are sold directly from their source, or through licensing agreements permitting items to be sold in other outlets. An example of such licensing would be Christian Louboutin shoes being sold at Bloomingdale's. Bloomingdale's has an agreement with Louboutin allowing them to sell their shoes in the store.
What happens in the counterfeit market is contrary to direct sales or licensing agreements. Items which look a lot like the real deal show up in places the designer has not authorized, and the price is always far less than the true value or market price of the item. Often, counterfeits circulate through the market innocently, when consumers buy them from sources they trust, like friends having "purse parties" or donations to charitable organizations. However, the source to these innocent consumers is far from innocent. They may start at a place like Canal St. in NYC or boutiques claiming to have deals on designer items. The items come in in droves. Here's how the chain starts.
Gray Market Production
We know the black market is where items are sold illegally. Well, the gray market is somewhat similar. The gray market is created when factories licensed to produce designer goods under certain terms and conditions step outside those boundaries and create their own, infringing items.
As an example, a factory is licensed to produce Chanel bags under the protocol provided by Chanel. Bags are to be made from 9am local time to 5pm, using specific materials and methods. At 5:30, the production continues, but the items are 1) unauthorized by Chanel, and 2) produced in such a way to make consumers believe the goods are Chanel, but protect the infringing bag-maker from a quick infringement, contracting, and licensing lawsuit. The goods get shipped, and in the best cases, they're stopped at customs to protect designers and consumers from infringing products. No worries, the lawsuit does come later.
This gray market method is one of the largest sources of counterfeit goods and is the baseline of a billion-dollar market. To curb the negative effects of this market, a myriad of things must be done: legislation, brand vigilance, accurate contracting, policing, and more.
Share with us how you feel about counterfeits, fakes, and knockoffs. Let's keep the conversation going.
Stay tuned for more on international production and fashion labor.
*Designer goods is a fairly loose term when used in this article. It does not describe high priced goods only, it includes items at any price point, but specifically those protected by a trademark or brand recognition in some way. Price is not a factor.
B.A.F.F.L.E.D. Fashion Law
Models Face Labor Concerns, Too--
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Keep up with her journey and follow Yomi on Twitter!
To learn more about Stand Up For Fashion, click here!
Niches in the fashion industry--you've obviously come to the right place! Model Yomi Abiola has created an amazing segment of fashion, often dismissed by the world at large. Typically, the labor issues in the fashion industry have to do with sweatshops and jobs outsourced from American companies. Those issues are of critical importance--they hedge on human rights and proper wages. However, the models face their own issues as well.
Yomi launched Stand Up for Fashion (STUFF) to promote fair labor practices in the industry. Her initiative opposes the use of underage models, promotes diversity, and improves working conditions.
In their own words:
STUFF stands for change in the industry
STUFF encourages diversity, equality, inclusion
STUFF transforms our society through the power of fashion
Yomi is a Nigerian model and contributor to Vogue Italia. Her experience is greater than modeling--she also works on cultural issues with the UN. Yomi is not only using her beauty to bring people together, but her brain and dynamic energy as well.
“The only time that people from fashion come together is at fashion shows or fashion parties, but in terms of having a real dialog about the business of fashion … it is not something that has been done at all,” Abiola said.
Labor issues in fashion are sometimes ignored because of the glam and glitz we see on the runway. Surely there can't be problems. Wrong! Underaged models are not paid as they should be, child labor laws are broken, good health is not encouraged for many models of all ages, and diversity in ethnicity, size, and appearance in general are far from prevalent. It's time the industry and its supporters take a stand to make things as fab on the inside as they appear on the outside.
“Every industry comes together” to talk about pressing issues, “but the fashion industry never stands for anything beyond fashion,” said Shauna Mei, founder and CEO AHAlife, a high-end gift website supporting STUFF.
As she works to make this issue known across the world, Yomi has made the promotion of "true beauty" a priority, particularly with young women. Often, we find beauty ads showing less of the product's ability, and more editing and Photoshop savvy. This is not the message young women need, especially with bullying so rampant. Yomi is working as a fashion model, model citizen, and role model.
We are excited about STUFF and the awareness Yomi is working to promote. You will find more of their projects here, as we all should take part in improving these conditions.
In their own words:
STUFF stands for change in the industry
STUFF encourages diversity, equality, inclusion
STUFF transforms our society through the power of fashion
Yomi is a Nigerian model and contributor to Vogue Italia. Her experience is greater than modeling--she also works on cultural issues with the UN. Yomi is not only using her beauty to bring people together, but her brain and dynamic energy as well.
“The only time that people from fashion come together is at fashion shows or fashion parties, but in terms of having a real dialog about the business of fashion … it is not something that has been done at all,” Abiola said.
Labor issues in fashion are sometimes ignored because of the glam and glitz we see on the runway. Surely there can't be problems. Wrong! Underaged models are not paid as they should be, child labor laws are broken, good health is not encouraged for many models of all ages, and diversity in ethnicity, size, and appearance in general are far from prevalent. It's time the industry and its supporters take a stand to make things as fab on the inside as they appear on the outside.
“Every industry comes together” to talk about pressing issues, “but the fashion industry never stands for anything beyond fashion,” said Shauna Mei, founder and CEO AHAlife, a high-end gift website supporting STUFF.
As she works to make this issue known across the world, Yomi has made the promotion of "true beauty" a priority, particularly with young women. Often, we find beauty ads showing less of the product's ability, and more editing and Photoshop savvy. This is not the message young women need, especially with bullying so rampant. Yomi is working as a fashion model, model citizen, and role model.
We are excited about STUFF and the awareness Yomi is working to promote. You will find more of their projects here, as we all should take part in improving these conditions.
Keep up with her journey and follow Yomi on Twitter!
To learn more about Stand Up For Fashion, click here!