South Dakota Gov. Kristi Noem is under legal scrutiny for what has been described as “deceptive advertising practices” related to her social media activity. Travelers United, a consumer advocacy group, has filed a lawsuit against Noem, accusing her of misleading advertising for Smile Texas, a cosmetic dentistry firm.
The lawsuit, leveraging the Consumer Protection Procedures Act, alleges that Noem’s promotion of the dentistry was both deceptive and misleading.
The center of the controversy is a video longer than 5 minutes, shared across the governor’s social media channels, which did not explicitly state it was an advertisement. With a substantial following of 485,000 on X, 250,000 on Instagram, and over 960,000 on Truth Social — Noem’s influence is significant.
The advocacy group contends that Noem’s actions not only breach advertising laws crucial for maintaining public trust but also promote medical tourism. Smile Texas, known for its medical tourism services, presumably benefited from Noem’s endorsement, which the group suggests was likely compensated.
Legal filings from the case highlight the improbability of someone with significant job responsibilities dedicating time to create an unpaid advertisement for out-of-state medical services. The filings speculate that Noem could have received free or discounted dental care, or payment, in exchange for her endorsement.
Despite the ongoing lawsuit, Noem has not retreated from making endorsements. Recently, she promoted Fit My Feet, a South Dakota company, on her social media. Calling herself a “bionic woman,” Noem praised the company’s custom insoles for their positive impact on her lifestyle.
This series of endorsements by Noem is sparking debate over the intersection of personal endorsements and political influence. The lawsuit seeks to compel Noem to properly label any future advertisements and demands compensation for each violation of the Consumer Protection Procedures Act.
