South Dakota Governor Kristi Noem is facing a lawsuit accusing her of “misleading and deceptive advertising” following the posting of a viral dental endorsement video on her social media platforms earlier this week.
The lawsuit was filed on Wednesday in Washington, D.C., by Travelers United, a consumer advocacy group. The group alleges that Governor Noem failed to properly disclose a medical tourism advertisement in the video, which was shared across all her personal social media channels. This lawsuit falls under legal claims related to “travel influencers.”
Governor Noem, a Republican who had been considered a potential candidate in the 2024 presidential race and touted herself as a potential vice presidential pick for former President Donald Trump, received backlash and widespread scrutiny after initially sharing the video on Monday night. In the video, Governor Noem herself praised the cosmetic dental office “Smile Texas” for fixing her teeth and giving her a smile she could be proud of.
“I love my new family at Smile Texas!” Governor Noem captioned the video clip on X (formerly Twitter). “The video says it all, and I am so grateful for their help fixing my smile for me.”
A recent Instagram post by Smile Texas featured a video of Governor Kristi Noem, referring to her as a “gracious leading lady” who had received an “executive, feminine, beautiful smile” from the dental clinic. Noem herself stated that she sought the dental procedure due to a biking accident that had knocked out some of her teeth several years ago.
The lawsuit against Noem alleges that by sharing the Smile Texas endorsement on her personal social media accounts without clear labeling, she effectively promoted a product or service without disclosing any financial relationship with the company. It also accuses her of violating Federal Trade Commission regulations, which require social media posts to be marked as “Ad” if they are advertisements.
The lawsuit remarks, “Governor Kristi Noem serves as the Governor of South Dakota but appears to have taken on the role of a social media influencer as of March 12, 2024.”
CBS News reached out to Governor Noem’s office for comment, but there was no immediate response.
Meanwhile, North Dakota State Senator Reynold Nesiba, a Democrat, has called for an investigation into Noem’s viral dental video. He has requested the issue of Noem’s alleged advertisement to be added to the agenda for the next meeting of the state legislature’s Government Operations and Audit Committee in July, citing concerns raised by the infomercial.
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