Balenciaga As A Case Study
Balenciaga seems to have cleared its name in the industry, at least in the eyes of its most influential ambassador, Kim Kardashian.
via Fashionista
Kim Kardashian rekindled her relationship with Balenciaga on Monday, after severing ties due to the brand’s unsettling ad campaigns in November 2022. This bold move has once again thrust Balenciaga into the spotlight. Notably accustomed to controversy, Balenciaga, under the creative direction of fashion designer Demna, made headlines for dressing Kardashian in a head-to-toe black ensemble (complete with a face mask) at the 2021 Met Gala, for featuring Kanye West stomping down a runway made of mud in October 2020, and for debuting the sale of its purse-rendition of a Hefty trash bag for $1,790 in August 2022.
However, the brand faced a severe setback in 2022 when its campaigns, which were perceived to support child exploitation, led to widespread condemnation. As a result, Balenciaga was cancelled, even inspiring a TikTok trend where people posted videos discarding their Balenciaga pieces. It has been a little over a year since this scandal arose, and Balenciaga seems to have cleared its name in the industry, at least in the eyes of its most influential ambassador, Kardashian.
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In November 2022, Balenciaga released two ad campaigns that taken together, led to accusations that the brand condoned pedophilia and child exploitation. Balenciaga’s holiday ad campaign, launched on November 16, 2022, features children holding teddy bears in BDSM accessories, including bondage harnesses, fishnet stockings, and studded collars, and surrounded by other adult accessories such as flasks and wine glasses. Another disturbing image in this campaign displays a roll of caution tape in a child’s bedroom, with the brand’s name misspelled as “Baal …” Baal was a fertility god worshiped in many ancient Middle Eastern communities, including the Canaanites, who were infamous for sacrificing children. The same bedroom also included what appears to be a child’s drawing of the devil.
This holiday ad campaign was photographed by Gabriele Galimberti. Although he distanced himself from Balenciaga and disavowed responsibility for the campaign, observers have noted disconcerting similarities between the Balenciaga shoot and his photo series titled “Toy Stories.” In “Toy Stories,” Galimberti sought to portray children with their cherished possessions, showcasing the joy that transcends diverse backgrounds.
Shortly after releasing its holiday campaign, on November 21, 2022, Balenciaga released its 2023 Garde-Robe ad campaign, which features Nicole Kidman and Bella Hadid in an office setting. In this scene, a black Adidas x Balenciaga hourglass handbag is prominently placed on top of a stack of documents. At a closer look, one of the documents includes an excerpt from the Supreme Court’s 2008 decision U.S. v. Williams.
In Williams, the Supreme Court upheld the PROTECT Act, a 2003 federal law that criminalizes advertising, promoting, presenting, or distributing child pornography. The initial petition was filed by sex offender Michael Williams, charged with possession and pandering of child pornography. The PROTECT Act bans the pandering of “any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe” that the material is illegal child pornography. Williams argued that the “pandering” provision of the PROTECT Act was overbroad in violation of the First Amendment and vague under the due process clause of the Fifth Amendment.
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Writing for the majority, Justice Scalia held that the “pandering” provision of the PROTECT Act does not violate the First Amendment because “offers to engage in illegal transactions are categorically excluded from the First Amendment” and speech involving an individual claiming to be in possession of child pornography is in this category of unprotected speech. Scalia emphasized that “[r]ather than targeting the underlying material, this statute bans the collateral speech that introduces such material into the child-pornography distribution network.” Scalia also held that the “pandering” provision was not vague, as “its requirements are clear questions of fact.”
The specific excerpt featured in Balenciaga’s 2023 Garde-Robe campaign delves into the case Ashcroft v. Free Speech Coalition. In that case, the Supreme Court held the Child Pornography Prevention Act of 1996, which prohibited computer-generated or altered depictions of minors engaging in explicit sexual conduct and images of explicit sexual conduct by adults who resemble minors, is overbroad and unconstitutional. Within the excerpt, Scalia distinguished Williams from Free Speech Coalition, asserting that the “pandering” provision of the PROTECT Act’s requirement of a “visual depiction of an actual minor” makes clear that, although the sexual intercourse may be simulated, it must involve actual children.
Unfortunately, the references to child exploitation did not end there. The office desk in Balenciaga’s 2023 Garde-Robe campaign also contains an art book by Michaël Borremans called “As Sweet As It Gets.” This book exhibits disturbing imagery of children from the artist’s 2018 series “Fire from the Sun.” These children are painted in the nude, with blood-soaked skin. According to the David Zwirner Gallery, Borremans’s paintings depict “toddlers engaged in playful but mysterious acts with sinister overtones and insinuations of violence.” One photo from the campaign also displays a fake college diploma with the name of a convicted child abuser.
It is highly unlikely that all the references to child exploitation were accidental. However, the specific party at fault remains unclear. Balenciaga apologized for “any offense [its] holiday campaign may have caused” and removed the campaign from all platforms. Regarding its 2023 Garde-Robe campaign, Balenciaga attributed the entire blame for the campaign on its third-party production company, North Six.
Balenciaga filed a $25 million lawsuit against the production company, North Six, and its set designer, Nicholas Des Jardins, who oversaw the Spring 2023 campaign. According to a summons with notice filled in New York, Balenciaga sued North Six and Nicholas to “seek redress for extensive damages [they] caused in connection with an advertising campaign Balenciaga hired them to produce.” Balenciaga alleged that “without [its] knowledge or authorization,” defendants “included certain documents in the campaign photographs, including an excerpt from a court decision upholding a criminal prohibition against child pornography,” creating a “false association” between the brand and the “deeply disturbing subject of the court decision.” Balenciaga claimed that while North Six assured them that the props were fake office documents, they turned out to be real legal documents. Balenciaga alleged that the defendants engaged in “inexplicable acts and omissions” that were “malevolent or, at the very least, extraordinarily reckless.”
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Critics quickly call out Balenciaga for shifting blame to North Six. In a company as large and renowned as Balenciaga, any campaign must undergo approval from individuals within the company before its public release. Whether it’s checking an image for intellectual property violations or endorsing the creative direction of a campaign, Balenciaga’s employees play a role in this process.
The aftermath of this lawsuit was a clear example of the Streisand Effect, a term originating from Barbara Streisand’s attempt to suppress aerial photos of her home through a lawsuit, which ended up drawing more attention to her home. According to an article by The Fashion Law, Google search trends indicated that searches for “Balenciaga” spiked the day that major news outlets reported on the lawsuit. Moreover, articles poured out characterizing Balenciaga’s attempt to deflect blame as a lesson for all public relations professionals.
Just one week after filing, Balenciaga reconsidered and dropped its lawsuit against North Six. The brand posted an apology on Instagram “strongly condemn[ing] child abuse” and taking responsibility for “a series of grievous errors.”
Balenciaga faced consequences. While the surrounding stores on Rodeo Drive were bustling, Balenciaga resembled a ghost town. The brand fell from the No. 4 spot in Q4 2022 on Lyst’s influential index of the fashion industry’s hottest brands to the No. 18 spot in Q1 2023. Its parent company, Kering, also reported a decline in sales in Q4 2022 and stated in a 2022 financial document that “Balenciaga’s performance was outstanding for much of [2022], although the fourth quarter was less positive due to a slower growth in certain markets and controversy regarding one of its media campaigns, particularly in the United States.”
In the midst of this controversy, Kardashian announced that “[a]s a mother of four, [she] has been shaken by the disturbing images,” and decided she would be “reevaluating [her] relationship with the brand.”
With considerable repentance and hard work, the brand’s leadership successfully steered the brand toward recovery. After maintaining a low profile for a couple of months, in a February 2023 interview with Vogue, Balenciaga’s creative director, Demna, sincerely expressed his regret and acknowledged an error in judgment for featuring children in the 2022 holiday campaign. He emphasized Balenciaga’s commitment to establishing new rules of checks and validations in its image department, personally ensuring thorough inspection.
Demna also expressed his desire to shift his work away from provocation onto “cutting jackets and pants, experimenting with patterns and shapes.” He aims to return the brand to what Cristóbal Balenciaga became famous for, his exquisite craftsmanship.
Balenciaga also demonstrated its commitment to protecting children when it announced its partnership with the National Children’s Alliance, an organization that helps children overcome trauma and deal with their mental health.
Demna’s presence at the 2023 Met Gala further helped improve Balenciaga’s image. Anna Wintour invited Demna to the Met Gala, where he hosted a table of young designers who could not afford tickets. Someone known for giving second chances, Wintour shared her excitement that Demna attended the Met, stating, “I always thought part of owning up to one’s mistakes is to not hide away, but to be honest — and to go out to face the world.” This positive trajectory continued as Balenciaga dressed A-listers at the Cannes Film Festival, showcased a collection at the haute couture show in Paris, and dressed Kidman and Kardashian for Kering’s “Caring for Women” dinner.
Balenciaga has now come full circle with Kardashian announcing her role as brand ambassador. “For several years now, Balenciaga’s designs have been a part of my many looks — and some of my most iconic fashion moments,” Kardashian shared in a statement on Instagram. She continued, “This historic fashion house embraces modernity, craftsmanship and takes an innovative approach to design under Demna. For me, this long-standing relationship is built on mutual trust and a commitment to doing what’s right. I’m excited about this next chapter for the brand and to become their ambassador.”
Transitioning from an association with provocation and child exploitation to become recognized as a brand with superior craftsmanship and design is no simple task. Nevertheless, Balenciaga’s acceptance by key leaders in the fashion industry proves that its leadership is successfully steering the brand in the right direction. Balenciaga stands as an important case study for brands encountering similar circumstances in the future.
Nicolette Shamsian joined Above the Law as a fashion law columnist in 2023. Nicolette earned her B.A., summa cum laude, in Political Science and minor in Entrepreneurship from the University of California, Los Angeles and her Juris Doctor from UCLA School of Law. Nicolette is an attorney whose work focuses on intellectual property litigation. As a fashion law aficionado, Nicolette enjoys leading discussions to keep attorneys up to date on noteworthy fashion law cases.
