Her comments on her show do not even detract or defame the company directly, and could have led to a stock increase (something that would have hurt her short-sale position on the stock), and thus it would be difficult if not impossible to prove any malicious or profiteering intent in her actions. Furthermore, the major recall of men's clothing that JOSB underwent during the same period and which is being cited as the major reason for the drop in the company's stock price would seem to exonerate DeGeneres for this drop in share price regardless of what her intent (if indeed she had any) was when she made her comments regarding the company. Her frequent trading and her overall loss combined with the lack of direct effect on the share price all indicate that Ellen DeGeneres...

The appearance of impropriety can be problematic even if it does not lead to legal liability, and public figures need to be especially careful of what they say, especially on a platform where they know they will be heard (Edwards et al., 2012). These remarks were thoughtlessly though not maliciously made.
References

Edwards, L., Edrwads, J. & Wells, P. (2012). Tort Law. Clifton Park, NY: Delmar.

Shepherd, H. & Cole, M. (2008). The Complete Guide to Patents, Copyrights, and Trademarks. Ocala, FL: Atlantic Publishing.