Kevin Hart Edits Instagram Captions to Better Disclose Sponsored Posts

Comedian and actor Kevin Hart has been forced to modify a number of social media posts to more conspicuously disclose his brand partnerships. 

The star took to social media to include more explicit language in sponsored posts for JPMorgan Chase and athletic apparel brand Fabletics, in which Hart owns equity. Hart frequently promotes both brands to his 177 million Instagram followers. 

The changes come in response to a review by the National Advertising Division (NAD) of BBB National Programs, a nonprofit organization that oversees independent industry self-regulation initiatives in the U.S. The NAD is responsible for helping to ensure advertising practices are transparent and fair, and took issue with the “sufficiency and placements” of Hart’s disclosures.

Hart, however, defended his approach, contending that his audience is generally aware of his brand affiliations, according to a statement from the NAD today. The organization, however, disagreed with Hart’s defense, and noted that a significant portion of his followers may not be able to recognize the comedian’s financial ties.

The NAD recommended that Hart implement more clear disclosures in his posts.

Hart’s team complied with the request, and the actor’s posts related to Fabletics now include the hashtag #FableticsPartner prominently in the captions of applicable posts. Previously, a number of posts only tagged the @fabletics or @fableticsmen accounts or included a partnership disclosure at the end of a caption, requiring users to expand the text to see that the post is sponsored.

For JPMorgan Chase-related posts, Hart has dropped the hashtag #chasepartner in favor of #Chase_Partner, per the NAD’s recommendation, and has moved the hashtag to the beginning of relevant captions.

Both JPMorgan Chase and Fabletics said they would adhere to the NAD’s recommendations for influencer partnership disclosures, according to NAD.

Hart’s team has also agreed to abide by the Federal Trade Commission’s guidelines on endorsements and testimonials, which mandate that influencers disclose any material connections to brands clearly, avoiding ambiguous or misleading language.

Hart isn’t the first influencer to be busted for failing to adequately disclose paid brand partnerships. In 2022, the Securities and Exchange Commission fined Kim Kardashian $1.26 million for failing to clearly state that she was paid $250,000 to promote the crypto token EthereumMax on Instagram. The reality star’s post included the hashtag #ad, but regulators deemed it insufficient given the financial focus of the post. 

DJ Khaled and boxing icon Floyd Mayweather Jr. faced similar penalties in 2018.

Broadly speaking, regulatory scrutiny of influencer marketing practices is increasing. The FTC has been actively enforcing regulations to combat deceptive endorsements, including taking action last August to ban fake online reviews and undisclosed paid promotions.