Governor Kristi Noem of South Dakota faced legal action in the form of a lawsuit alleging “misleading and deceptive advertising” following the posting of a widely circulated dental endorsement video on social media earlier this week.
The lawsuit, filed Wednesday in Washington, D.C., was brought forth by Travelers United, a consumer advocacy group. Describing the suit, Travelers United’s website highlighted the failure of Governor Noem to adequately disclose a medical tourism advertisement featured on all her personal social media platforms. The lawsuit was categorized under legal claims associated with “travel influencers.”
Governor Kristi Noem, a Republican who has been considered a potential candidate for the 2024 presidential race and has positioned herself as a potential vice presidential pick for former President Donald Trump, faced criticism and scrutiny after sharing a promotional video on Monday.
In the video, which resembled a typical infomercial, Noem praised “the team at Smile Texas,” a cosmetic dental office, for improving her teeth and giving her a smile she could be proud of.
In a caption accompanying the video on X (formerly Twitter), Noem expressed her gratitude to “my new family at Smile Texas,” stating that the video “says it all” and emphasizing her appreciation for their assistance in enhancing her smile.
Smile Texas, in an Instagram post featuring the video of Noem, described her as a “gracious leading lady” who recently acquired an “executive, feminine, beautiful smile” at their clinic. Noem revealed that she pursued the dental procedure due to a biking accident several years ago that resulted in the loss of some of her teeth.
The lawsuit contends that Noem, by sharing the promotional content from Smile Texas on her personal social media accounts without any clear disclosure, engaged in “advertising a product or service without revealing a financial relationship with the company.” Additionally, it accuses the governor of violating Federal Trade Commission regulations, which mandate that social media posts disclose whether they are advertisements through the use of a visible marker such as “Ad.”
The lawsuit alleges that Governor Kristi Noem, while serving as the Governor of South Dakota, has taken on the role of a social media influencer as of March 12, 2024. CBS News reached out to Noem’s office for comment but did not receive an immediate response.
Meanwhile, North Dakota State Senator Reynold Nesiba, a Democrat, has called for an investigation into Noem’s viral dental video, as reported by the Associated Press. Nesiba has requested that the co-chairs of the state legislature’s Government Operations and Audit Committee include the issue of Noem’s purported advertisement on the agenda for their next meeting in July.