If someone is really behind the concept for a product, they can just buy the product after it's available in an online store.
I could easily see this becoming a legal requirement if it gets visible to legislature.
The way Kickstarter presents itself, it's neither - it's not an investment; it's a way for creators and consumers to collaborate on a project.
That's subtly different from an investment per se,
(Whether you agree with that is a different question, but it's important to note how Kickstarter intends to portray itself).
If someone is really behind the concept for a product, they can just buy the product after it's available in an online store.
I could easily see this becoming a legal requirement if it gets visible to legislature.