"My fear is one hundred years from now, history will look on us the same way we look on those who supported school segregation - with a great deal of shame and confusion. And we will have deserved it."
SHEIN is in deep she-it in Texas, and I for one could not be happier about it.
If you haven’t read my post “The Illusion of Sustainability”, I would recommend taking a minute to read through it. It outlines how SHEIN is leveraging complex and ill-defined Environmental Social Governance (ESG) reporting as a cloak to give the appearance of strong values and ethical practices to its consumers, and directly (and serendipitously) ties into this landmark lawsuit.
At the heart of the issue, Ken Paxton, the Texan Attorney General, is alleging SHEIN is engaging in misleading business practices through:
Misleading product safety claims - selling items with potentially harmful chemicals
Deceptive marketing about labor practices, including concerns about forced labor
False or incomplete ESG and sustainability representations
Consumer data privacy concerns, including how they are collecting and using the data
Violation of the Texas Deceptive Trade Practices Act (DTPA)
SHEIN has acknowledged the accusations but has yet to meaningfully respond to them.
I am pleased to respond on their behalf: they are selling a lie.
"The worst part is they have convinced us, the consumer, to accept their claims as true and turn a blind eye."
As a clothing designer with my own fledgling, American made company, I understand how much thought and time it takes to produce even one well-made, well-designed item. The fact SHEIN has been accused of stealing other designer’s creative output is not mentioned in the case specifically, but should also make us question this company’s business ethics along with the myriad other accusations lodged in the complaint.
Any company producing 2,000+ new styles per week, the majority of which are made from ultra-low quality synthetic fibers, does not care about sustainability, ethical manufacturing, or the toll they are taking on the earth and, as the Texan Attorney General Ken Paxton alleges, on our health.
Ultra fast fashion’s model of producing the lowest quality and highest volume of clothing as quickly as possible is inherently unsustainable. It stuffs our landfills full of barely worn, mostly plastic clothing which is already falling apart after one washing. Their low prices are only possible by extorting already vulnerable labor pools, which has included children, according to the company’s own disclosures.
The worst part is they have convinced us, the consumer, to accept their claims as true and turn a blind eye.
It is not that I am willfully overlooking the current state of the economy and inflation. Prices have been rising since COVID, and they are putting the squeeze on the majority of Americans. However, I refuse to believe this then means we have the right to actively support the unethical exploitation of laborers halfway across the world, including child laborers, by purchasing clothing from SHEIN or TEMU, or any of the other fast fashion and ultra fast fashion clothing companies for whom price is the ultimate and final measure of success.
If this kind of mistreatment was happening to our next door neighbors and we witnessed it with our own eyes, we would swear off ever purchasing from these companies again. They would be out of business in a year. The internet, as dangerous as it is, can also serve as the swift Herald of Justice when pointed in the right direction. Because SHEIN wisely keeps their production practices as opaque as possible and the clothing is made thousands of miles away from us in some overseas place we’ve never heard of, by people we have never shared tea with, we think it somehow absolves us of our own responsibility as consumers.
It doesn’t.
Ethical business practices are not easy to uphold, but it is our responsibility as consumers to demand them
My fear is one hundred years from now, history will look on us the same way we look on those who supported school segregation - with a great deal of shame and confusion. And we deserve it.
Which is why I am cautiously optimistic about Ken Paxton’s attack on SHEIN and TEMU. Paxton alleges SHEIN is lying to consumers about their business practices as to how their clothing is made, who makes it, and what is contained within the clothing (hint: toxic chemicals).
What they also do well is data-gathering. Between TEMU and SHEIN, Paxton alleges the CCP (Chinese Communist Party) may have access to millions of data points about American citizens. Data points we gave over without blinking when we downloaded the app and started shopping. If this is all part of the CCP’s bigger plan, you have to admit, it is quite brilliant. They are striking us directly in our soft-underbelly: our eagerness to consume cheap goods.
When it comes to misleading the public, Paxton need only go back a few years to SHEIN’s riotously comedic attempt to assuage consumers about their business practices by flying six mostly American influencers in to Guangzhou to tour a “model factory”. This is the definition of PR theatre. If I the Lively v. Baldoni case has taught me anything, it is that misdirection is the key to good PR. Is an unflattering news story set to come out shortly? Flood the news outlets with inane stories about Blake Lively’s hair care routine and watch as the critical article drowns in the noise.
Although limited to Texas, the results of this lawsuit could give other states a roadmap for how they too can hold irresponsible companies accountable. I will be watching this one closely as it unfolds.
However, my new fashion hero, Ken Paxton, cannot do it all for us. At some point, we must take up the flag and push back.
If you are looking for very affordable clothing options, check out American Giant at american-giant.com. They offer affordable, 100% American made clothing for men and women. They are also the creators of the $12.98 American made t-shirt sold at Walmart. They value ethical production and transparency and do not shy away from scrutiny, just the type of company we need to support.
Ethical business practices are not easy to uphold, but it is our responsibility as consumers to demand them - or risk being judged by future generations with an unforgiving eye.
Until next time,
Elise
