The European Consumer Organisation (BEUC) filed a complaint with the European Union (EU) on Thursday regarding the use of ‘dark patterns’ by global fashion retailer SHEIN. The preliminary investigation into the company was initiated in February, with the union notifying SHEIN of the coordinated action in the interests of consumer protection.
The action by the BEUC aims to target the manipulative patterns followed by the company, which leads to consumers hoarding products more than needed and systematically contributing to wider issues such as overconsumption and global warming.
The complaint filed by the organisation outlines two distinct issues. Firstly, the organisation highlights SHEIN’s use of deceptive techniques that are not in compliance with the EU directives, and secondly, it calls on the company to provide substantiating evidence to back messages such as “low stock”, which are constantly displayed to consumers.
The said ‘dark patterns’ entail methods such as messages about low/limited stock, peer pressure through testimonials, forced registration, toying with emotion, infinite scroll, push notifications, and more.
In October 2021, an analysis conducted by digital design agency Rogue revealed that “SHEIN was the most manipulative fast fashion trader, using at least eight different types of dark patterns, more than any other trader studied.”
The BEUC members initiated an investigation into the company’s online strategies and outlined a detailed thesis on the issue. According to the research, two different categories of ‘dark patterns’ used by the company are:
· Messages designed to manipulate the consumer’s state of mind and their decision-making abilities.
· Messages that exploit the psychological well-being of the consumers and push them into actions that nullify any ability to make informed choices.
“The key distinction between dark patterns and other marketing tactics is that dark patterns manipulate consumers’ decisions through the way information is structured and displayed on a website or app,” said the research paper.
The research also features the environmental and social hazards posed by a company such as SHEIN.
In 2024, two cases of child labour were reported within SHEIN’s supply chain, and a BBC investigation this year revealed the toxic work environment that is practised in the company.
“Workers typically have one day off per month and work up to 75 hours per week, even though Chinese labour laws state that workers shouldn’t work more than 44 hours per week,” said the BBC report.
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By using deceptive design, the company is directly fueling overconsumption of environmentally hazardous products. The complaint pointed out that, according to the European Environment Agency (EEA), textiles rank fourth overall in terms of their contribution to climate change.
“SHEIN’s use of dark patterns is a well-documented reality, which has been going on for several years now, as BEUC members’ research reveals. They make consumers spend ever more money on fast fashion products that are harmful to themselves, the environment and the people that produce them,” said BEUC Director General Agustín Reyna.
The press release also urged the authorities to intervene if the company does not initiate necessary corrective action to comply with the EU consumer laws.