NOTES FROM THE USA : WILL A NEW CALIFORNIA LAW MAKE A DENT IN TEXTILE WASTE?

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31 Oct

Written By Debbie Mckeegan

“Under the new law, companies that make clothing and other textiles sold in California will be required to create a new non-profit organization by 2026 that would set up hundreds of collection sites at thrift stores, begin mail-back programs, and take other steps in all of California’s 58 counties to take back and recycle their products by 2030.” WhatTheyThink

GUEST ARTICLE WRITTEN BY CARY SHERBURNE OF WHATTHEYTHINK

Why navigating the intricacies of international regulations and their nuances will affect all manufacturers regardless of their country of origin: California’s governor just signed into law a first-in-the-nation law requiring companies that make clothing, footwear, and textiles—including drapes, towels and bedding—to set up the nation’s first mandatory take-back program for unwanted clothes. This comes on the heels of a similar law in France, foreshadowing big changes for the industry and hopefully, benefits for the planet.

Yes! If your products are sold in California - your business will have to comply. Yet another reason why Close Proximity production and supply is set for accelerated growth.

According to an article in the San Jose Mercury News (subscription required), “On [September 28], Gov. Gavin Newsom signed a bill into law that requires companies that make clothing, footwear and textiles, including drapes, towels and bedding, to set up the nation’s first mandatory take-back program for unwanted clothes.”

Whilst this law won’t go into effect until 2026, it is a first-in-the-nation attempt to take drastic steps to reduce the amount of textile waste ending up in landfills in California and other places around the globe. The article notes, “Some [unwanted clothes] are donated to thrift stores, but when thrift stores can’t resell them, they often re-sell the aging garments to other companies that ship them in bulk to developing nations, such as Ghana and Chile, where they are piled in mountains as high as 50 feet in deserts and along rivers, creating massive garbage problems.”

Not only will the law require these companies to take back and recycle textile-based products, but they need to do it for free. “Under the new law, companies that make clothing and other textiles sold in California will be required to create a new non-profit organization by 2026 that would set up hundreds of collection sites at thrift stores, begin mail-back programs, and take other steps in all of California’s 58 counties to take back and recycle their products by 2030.” And 2030 is not that far off…so the non-profit would need to be set up by 2026, but it appears that the take-back efforts won’t be mandated until 2030. This will be a massive effort in the largest economy in the United States. (If California were a nation, it would rank in terms of nominal GDP as the world's fifth largest economy, behind Japan and ahead of India.)

Note that this applies to “clothing and other textiles sold in California

”Most companies that manufacture these types of products most certainly are selling them in California, either directly, or through brick-and-mortar or online retail partners (including Amazon). So the impact is wide-ranging beyond state—and even national—borders. It does seem to me that enforcement will be difficult. Consider a European company that has no physical footprint in the United States, let alone California. It’s not quite clear how California would force that company to set up a non-profit to comply with the law, and banning their products in California seems like an unlikely approach.

Nonetheless, this sends a strong environmental message, and is part of California’s ongoing sustainability efforts. The article reminds us: “Similar ‘extended producer responsibility’ programs with paint and carpet have been put in place in recent years. The idea is to shift the burden away from consumers and government—which have to pay to expand and build landfills—to industry, which profits from selling the products in the first place.” In another example consumers are charged $10.50 when they purchase a new mattress in California. The article notes: “That money helps fund an industry-led program, the Mattress Recycling Council, that has opened 240 collection sites and now recycles 85% of old mattresses in the state.” But this one does put some of the burden on the consumer.

Consumers may also be paying for compliance with the new law, of course, since it is likely to raise costs for manufacturers which will be passed along to the consumer. Although, according to State Sen. Josh Newman, D-Fullerton, who wrote the bill, compliance is likely to add only “pennies” to the cost of new clothing.

This follows on the heels of France’s mandatory recycling program. That regulation also requires all businesses producing clothing and textiles for the French market to take responsibility for their products’ end-of-life management, including government-approved take-back programs among other options. Again, this reaches outside of the French borders. As more states and countries potentially adopt regulations like this, it will be increasingly complex for brands and retailers to manage this on a global basis, with regulations likely to differ from region to region. But it needs to be done.

In 2021, roughly 1.2 million tons of clothes and textiles were disposed of in California alone, according to the California Department of Resources Recycling and Recovery (CalRecycle). While 95% are reusable or recyclable, only 15% currently are recycled or reused, according to the agency.

Consumers bear responsibility for this as well. Overconsumption is a huge problem worldwide, especially in developed markets. We can help by not buying as much, resulting in less waste and a carbon footprint reduction associated with fewer emissions across the entire supply chain, including everything from growing or manufacturing fibers, to manufacturing transporting textile products, manufacturing waste and more.

This would put another layer of pressure on brands, as they face demands from regulatory agencies and consumers to be more sustainable. As long as we keep buying, especially cheap, disposable, fast fashion, they’ll keep manufacturing and selling it.

Time to consider how to make your closet more sustainable!

About Cary Sherburne: Cary Sherburne is a well-known author, journalist and marketing consultant whose practice is focused on marketing communications strategies for the printing and publishing industries.

Cary Sherburne is available for speaking engagements and consulting projects. To get more information contact us. Please offer your feedback to Cary. She can be reached at cary@whattheythink.com.