Celebrity Endorsement Lessons

Disclosing material connection is essential for compliance

Lessons in endorsement guidelines.

Celebrity Kevin Hart came under the scrutiny of the National Advertising Division’s (NAD) monitoring of endorsement disclosure compliance. These are interesting cases with some good learning opportunities.

Here’s what went wrong.

Kevin Hart is an equity owner of a clothing brand and commonly posts about it. Here, the company incorrectly believed that since Kevin Hart is a partial owner, then perhaps no additional disclosures were needed. While this may be true if the brand was called “Kevin Hart Clothing” or something like that, NAD’s comments show that it is not common knowledge he is an owner.

From NAD case. “Fabletics asserted that a material connection disclosure might not be necessary given Hart’s prominent role and public association with the brand. However, as a significant segment of the audience might not be aware of Hart’s affiliation with Fabletics due to varying levels of engagement with athletic brands, comedians, or celebrity endorsements.”

Disclosures need to be clear and conspicuous. For example, the updated posts include the hashtag “FableticsPartner” above the “more” button. As a general rule, disclosures made below the “more” button or buried in hashtags are not sufficient. They may appear different on some phones or devices, so ensuring compliance across different viewing platforms may be somewhat onerous to review, but it is an essential part of compliance. The previous disclosures that include tagging such @fableticsmen and/or “@fabletics” after the “more” button were not enough to disclose material connection clearly.

Another NAD and Kevin Hart case, this time with JPMorgan Chase Bank, also includes disclosures. The hashtag “chasepartner” was positioned below the “more” section which as discussed above is unclear disclosure. What is fascinating is that Kevin Hart not only corrected the placement of the hashtag (this is good) but also changed hashtag “chasepartner” to “chase_partner,” which I am unsure was needed. What do you think?

The moral of the story is when in doubt, disclose. I made this disclosure video from my daughter’s snowboard rail jam over the weekend as a fun way to educate about disclosures. This includes tips on when verbal disclosures are needed.

Read Fabletics NAD case

Read Chase NAD case

DATE ORIGINALLY POSTED: 2/26/25

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.