Virali Joisher – Fashion Law Journal

Artificial Intelligence in the Fashion Industry

Virali Joisher — Tue, 07 Sep 2021 14:45:12 +0000

When we think about fashion, the first thing that everyone associates it with is expression; be it expression of choice, expression of opinion, but most importantly expression of culture. Fashion has, since time immemorial, been an inevitable symbol of cultural zeitgeist. Just like all other elements of culture, fashion too, is dynamic and has evolved through the passage of time to cater to the changing society. Initially, fashion and dress were handmade or used manual labor. However, with the onset of the eighteenth century and the burgeoning industrialization movement in the period, fashion too, started getting mechanized. Probably for the first time in history, the production of garments also involved technological innovation, patents, machinery. The modern textile as we know today was primarily birthed during this era, and along the course of time, technical advancements have continued to blur the lines between fashion and technology. In 1733, the flying shuttle was patented by John Kay that created waves in the fashion industry by doubling weaving productivity that radically changed the approach towards textiles. The first power-run spinning machine was invented in 1737 by John Wyatt and Lewis Paul which was succeeded by the infamous Spinning Jenny that was invented by James Hargreaves in 1765 which successfully enabled the spinning of multiple spools of yarn by a single worker at one moment. A small manufacturing system had started getting transformed to a large industry by the virtue of these innovations that made the industry crop up in various parts of the world. Emphatically, one of the greatest invention—if not the greatest—has been the Isaac Singer sewing machine invented in 1851 which was also a patented invention. The Singer sewing machine’s ability to manufacture garments at a low cost but at a fast pace increased the consumption of fashion by manifolds since the Singer sewing machine was available to be bought in instalments and had an effective marketing campaign and therefore was adopted by home sewers as well apart from factory manufacturers. This moment in the history of textiles made mass-production possible and thereby caused democratization of fashion.[1]

Jump to the 21^st century, and the talk of the town is how Artificial Intelligence is taking over so many aspects of human life, thereby not only creating a multi-million-dollar industry but also replacing humans for jobs and generating unemployment. The pros and cons of Artificial Intelligence are many, but it is not the burden of this article to identify them, rather this article shall illustrate how there has been an increased influence of Artificial Intelligence in the fashion industry. First things first, it is important to understand what Artificial Intelligence means. “Artificial intelligence (AI) is a wide-ranging branch of computer science concerned with building smart machines capable of performing tasks that typically require human intelligence.”[2] According to the Artificial Intelligence High Level Group of the European Commission (2019): “Artificial intelligence (AI) refers to systems that display intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals. AI-based systems can be purely software-based, acting in the virtual world (e.g. voice assistants, image analysis software, search engines, speech and face recognition systems) or AI can be embedded in hardware devices (e.g. advanced robots, autonomous cars, drones or Internet of Things applications)“.[3] In 2020, it could be observed that the fashion industry’s dependence on Artificial Intelligence was getting more significant because it was reported that bankruptcy was encountered by 44% of fashion retailers who had not incorporated Artificial Intelligence.[4] Therefore, it is predicted that by 2022, the fashion and retail industry’s global expenditure on artificial intelligence technology will be 7.3 billion dollars per year.[5]

The most prominent and noticeable usage of Artificial Intelligence in the fashion industry is observed for the following purposes:

Fashion market research

Predicting theme analytics and purchase patterns

Personalised suggestions by predicting patterns, styles, silhouettes, etc. on the basis of prior data collected on customer selections

Computer vision

Natural language understanding

[6]

Intelligent Conversational Assistants and Chatbots

Smart Image Recognition Systems for AI-enabled shopping on e-commerce

Efficient trend forecasting

Defect Spotting in textile manufacturing via Computer Vision Technology

Quality Assurance

Maintenance of Inventory and predictions of demand via Machine Learning Technology

Expedited Logistics via Machine Learning Technology

Management of Supply Chains and Optimisation of Supply Chains via reduction of shipping costs and transit durations by creating alternate routes

Reduction of wastage via foreseeing demand trends thereby promoting sustainable fashion

Identifying counterfeit products or pirated products via computer vision that can be powered by machine learning

[7]

Biodegradable, sustainable, and cruelty-free ‘smart’ fabrics and wearable technology can be produced by using Biotech in Artificial Intelligence

Maximisation of profits via using Artificial Intelligence for monitoring and analysing competitors’ pricing

Hyper-personalised recommendations to customers on the basis of visual similarity, customer location, age, body type, etc.

Automated Product Tagging using Artificial Intelligence makes products more organized and accurate

[8]

Fashion Styling by Artificial Intelligence powered Smart Mirrors which use virtual visualisation or ‘virtual trials’ (Virtual Merchandising)

3-D printing technology by Artificial Intelligence

[9]

The Role of Artificial Intelligence in the Sustainability of the Fashion Industry:

It is becoming widely popular as to how the fashion industry has significantly contributed towards increasing carbon footprint, increasing wastes in landfill sites, and increasing water pollution. It can be seen that the continuous mass-production of clothes by the fashion industry has given birth to a fast fashion epidemic that is not only unsustainable but is also unethical since after the Rana Plaza incident, we know that the mass production undergoing in five garment factories led to the death of over a thousand people in Dhaka, Bangladesh, which had become a hub for cheap labour for garment manufacturing. This labour-intensive nature of apparel manufacturing can be replaced with Artificial Intelligence with respect to performing tasks like sorting or sewing, at a faster speed, with accuracy and uniformity. The fashion industry is a leading contributor to water pollution and creation of wastage, and it is with respect to the same, that artificial intelligence can come to rescue. Since we have already seen in the tables above how artificial intelligence predicts trends and demands and therefore reduces inventory using Machine Learning, Deep Learning, Natural Language Processing, Visual Recognition, and Data Analytics; Artificial Intelligence is therefore the answer to sustainable fashion. It is said to reduce inventory by twenty to fifty percent, thereby reducing the amount of clothing production and manufacture which will in turn prevent wastage.[10]

Having said that, brands like Tommy Hilfiger, Macy’s, Alibaba, Amazon have already started experimenting with AI and it is high time other brands follow suit. When it comes to the future of the fashion industry especially, it for sure seems to be safe in the hands of Artificial Intelligence.

References:

[1] Marianna Pupillo, ‘Artificial Intelligence and the Fashion Industry’ (LUISS, 2019) http://tesi.luiss.it/25378/1/212661_PUPILLO_MARIANNA.pdf accessed August 12, 2021.

[2] Builtin, ‘Artificial Intelligence’ (Builtin, 2021) https://builtin.com/artificial-intelligence accessed August 12, 2021

[3] http://tesi.luiss.it/25378/1/212661_PUPILLO_MARIANNA.pdf

[4] Angela Gonzalez-Rodriguez, ‘44 percent of UK fashion retailers facing bankruptcy’ (Fashion United, 2 Jan 2017) https://fashionunited.uk/news/business/44-percent-of-uk-fashion-retailers-facing-bankruptcy2/2017010122965 accessed August 12, 2021.

[5] Dan Alaimo, ‘Retail spending on AI to reach $7.3B by 2022’ (Retail Dive, February 1, 2018) https://www.retaildive.com/news/retail-spending-on-ai-to-reach-73b-by-2022/516170/ accessed August 12, 2021.

[6] https://www.cxtoday.com/contact-centre/ai-and-machine-learning-new-major-trends-in-fashion-industry/

[7] Ronald Schmelzer, ‘The Fashion Industry Is Getting More Intelligent With AI’ (Forbes, Jul 16, 2019,07:00am EDT) https://www.forbes.com/sites/cognitiveworld/2019/07/16/the-fashion-industry-is-getting-more-intelligent-with-ai/?sh=57af37e63c74 accessed August 12, 2021.

[8] Intelistyle, ‘AI in Fashion: An Extensive Guide To All Applications For Retail’ (Intelistyle, 2021) https://www.intelistyle.com/ai-fashion-retail-applications/ accessed August 12, 2021.

[9] Vikram Singh Bisen, ‘How AI is Changing Fashion: Impact on the Industry with Use Cases’ (VSINGHBISEN, Jan 18, 2020) https://medium.com/vsinghbisen/how-ai-is-changing-fashion-impact-on-the-industry-with-use-cases-76f20fc5d93f accessed August 12, 2021.

[10] Grace Byers, ‘Artificial Intelligence is restyling the fashion industry’ (Towards Data Science,Feb 28, 2020) https://towardsdatascience.com/artificial-intelligence-is-restyling-the-fashion-industry-c2ce29acae0d accessed August 12, 2021.

Need for better regulation of the Non-surgical Cosmetic Industry (Botox injections, chemical peels, laser treatment, etc.)

Virali Joisher — Wed, 04 Aug 2021 06:05:58 +0000

The past decade has witnessed a skyrocketing spurt in advertising as an industry and enterprise. The rampant usage of advertisement and marketing has resulted into a causal chain of several socio-psychological problems like body dysmorphia and increasing insecurity about appearances because the doctored, airbrushed, and technically enhanced images in several modes of mass media has led to the creation of an ideal mold of beauty with predetermined and fixed standards, which are more often than not highly unrealistic. This brings us to encountering the phenomenon which I like to call the Kardashian effect i.e. the boom in usage of non-surgical cosmetic procedures to fit into society’s definition of beauty. The Kardashian-Jenner clan is infamous across the world for their sculpted appearances which are admittedly accomplished via a range of non-surgical cosmetic treatments like lip fillers, Botox, implants, etc. These non-surgical cosmetic procedures are widely adopted by those working in the show business however with the passage of time, these treatments are undergone by all those who chase beauty standards. Although there may be cases where these procedures have done more good than harm, psychologically.

However, that is not the point of contention of this article. This article aims to shed light upon how despite the widespread use of non-surgical cosmetic procedures, there is some lacunae in the regulations and laws governing the same. The scope and limitation of this article is restricted to United Kingdom. Although before diving head straight into the same, it is essential to understand what non-surgical cosmetic treatments mean. The most popular one being Botox which comprises of using botulinum toxin injection for ‘lifting’ the skin to prevent the formation of wrinkles most often used for stopping wrinkle formation near the eyes and temples. Dermal fillers are used to reshape several parts of the body, for example plumping the lips or carrying out a nose rhinoplasty. Chemical peels involve the removal of dead skin cells and the top skin layer that may be damaged to expose healthier, brighter, and younger skin; this procedure is also called as microdermabrasion which uses a microneedle roller to remove the dead cells. Another popular treatment is laser treatment which is the practice of removing hair on a semi-permanent basis.[1]

Save Face, a national register in the United Kingdom that is accredited by non-surgical cosmetic treatment professionals and that is recognised by the UK Government, The Department of Health, NHS England, shares data which reveals how in 2010 and 2015 the non-surgical cosmetic industry was worth £2.3 billion and £3.6 billion respectively. Data also showed that out of every 10 cosmetic treatments in the UK, 9 were non-surgical treatments.[2] Therefore the growing popularity of non-surgical cosmetic procedures warrants the creation of watertight regulations and laws in order to ensure safety of the patients and accountability of the practitioners.

The primary lacuna in the industry as of today is that there is a substantial absence of legislation with respect to determining as to what qualifications, licenses, expertise are mandatory for practitioners of non-surgical cosmetic procedures unlike such surgical procedures which require surgical incisions that mandatorily need its practitioner to be a qualified medical professional This loophole technically enables anybody to provide non-surgical cosmetic procedures since there are no prescribed standards in the concerned industry. This lack of legal formality with respect to regulating who can practice non-surgical cosmetic procedures gives rise to another set of problems with respect to consumer protection since there are no regulations on the way practitioners advertise services. Therefore, if the surgery is botched, there is no institution for grievance redressal against the wrongdoer. In several cases where a surgery gone wrong can have grave ramifications in the form of skin necrosis, skin burns, scarring or even paralysis or blindness in some extreme cases[3], the victim does not have a platform for redress. Since there is no bar on who can practice these treatments and who cannot, often practitioners are untrained and incompetent, and may also utilize unlicensed products for these procedures which may be cheap but harmful, posing as a serious threat to the consumers of this industry, who do not have any legal recourse against the practitioner. This is a pressing issue because as per the data from BAPRAS i.e. the British Association of Plastic, Reconstructive and Aesthetic Surgeons, in 2016, registered complaints for botched cosmetic procedures that needed to be surgically corrected were 249, however over time the complaints have just kept increasing due to lack of regulations and legal recourse and in 2018, the number of the complaints was 616[4], which is an alarming spike in number.

“Cosmetic interventions can have a profound impact on health and wellbeing. In other areas of life where this is the case, regulation provides safeguards to reduce harm.”[5]

Therefore, it has been recommended in the Final Report prepared by the Review Committee led by Professor Sir Bruce Keogh KBE titled ‘Review of the Regulation of Cosmetic Interventions’[6] that there should be a set of regulations set in place which have provisions about the legal mandate for presence of qualifications and licenses of non-surgical cosmetic practitioners along with the induction of an institution of ombudsman for supervising the formal complaints that arise due to substandard cosmetic procedures. Grievance redressal shall be enabled for consumers and it must be mandated for practitioners to advertise their services in compliance with legal provisions with respect to consumer protection laws. There should be regulations enforced on the minimum quality of products that have to be used during the procedures, especially in the case of dermal fillers and implants; and non-compliance of the quality should lead to legal action. A body or registry needs to be formed to oversee the licensing of such practitioners which should be made a mandatory exercise for any non-surgical cosmetic practitioner. Regulations similar to those of medical negligence need to be devised to impose accountability on the practitioners and safeguard victims legally. Apart from these regulations, consumers need to be made aware of their rights and how they should do their fair share of research before finalising their practitioner and should do their due diligence. There should also be more awareness spread on the root cause of the desire to undergo such non-surgical cosmetic procedures in the first place i.e. people need to be counseled about accepting themselves and not falling prey to unrealistic social norms of beauty. Lastly, a consent form must be signed by all consumers who are undergoing non-surgical cosmetic treatments.[7]

References:

[1] Save Face, ‘The 5 Most Popular Non-Surgical Cosmetic Procedures’ (Save Face) https://www.saveface.co.uk/5-most-popular-non-surgical-cosmetic-procedures/ accessed 24 July 2021

[2] Save Face, ‘Laws and Regulations for the Non-Surgical Cosmetic Industry’ (Save Face) https://www.saveface.co.uk/laws-regulations-non-surgical-cosmetic-industry/ accessed 24 July 2021

[3] Mike, ‘Exploring the need for better regulation of the non-surgical cosmetic industry’ (Cosmetic Surgery Solicitors by TJL Solicitors, April 02 2019) https://www.cosmeticsurgerysolicitors.co.uk/news/exploring-need-better-regulation-non-surgical-cosmetic-industry accessed 24 July 24, 2021

[4] Mike, ‘Exploring the need for better regulation of the non-surgical cosmetic industry’ (Cosmetic Surgery Solicitors by TJL Solicitors, April 02 2019) https://www.cosmeticsurgerysolicitors.co.uk/news/exploring-need-better-regulation-non-surgical-cosmetic-industry accessed 24 July 24, 2021

[5] Department of Health, ‘Review of the Regulation of Cosmetic Interventions – The Keogh Review’ (Department of Health, 2013) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/192028/
Review_of_the_Regulation_of_Cosmetic_Interventions.pdf accessed 24 July 24, 2021

[6] Department of Health, ‘Review of the Regulation of Cosmetic Interventions – The Keogh Review’ (Department of Health, 2013) https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/192028/
Review_of_the_Regulation_of_Cosmetic_Interventions.pdf accessed 24 July 24, 2021

[7] Northern Ireland Civil Service WELL, ‘Cosmetic treatments need new regulation report finds’ (WELL) https://www.nicswell.co.uk/health-news/cosmetic-treatments-need-new-regulation-report-finds accessed 24 July 2021