Republican South Dakota Gov. Kristi Noem was hit with a lawsuit Wednesday after posting a dental endorsement video to her social media earlier in the week, according to court filings.
Consumer advocacy group Travelers United filed their lawsuit against Noem in Washington, D.C., claiming that the governor posted a ‘misleading and deceptive’ advertisement. (RELATED: GOP Governor Kristi Noem’s Dentist Video Prompts Confused Reactions)
“On March 12, 2024, she advertised a product or service without disclosing that she has a financial relationship with that company. She did not let her followers know when she is advertising on behalf of a brand. Travelers United is taking action to force her to make corrective disclosures on all social media posts where she promotes products or services,” the lawsuit said.
Noem shared her viral social media video on Twitter earlier in the week in support of her “new family” at Smile Texas, who helped fix her smile after she traveled over 1,000 miles to Sugar Land, Texas. However, following the video, the South Dakota governor received many confused reactions as to why she was promoting the company.
I love my new family at Smile Texas! The video says it all, and I am so grateful for their help fixing my smile for me. 😊🙌🏼😊 pic.twitter.com/z2kTmiY8td
— Kristi Noem (@KristiNoem) March 12, 2024
While some questioned whether she was allowed to post the endorsement as a governor, others called the act an “extremely bizarre thing” for Noem to post.
The Texas dental company additionally posted the video to their Instagram, calling Noem a “gracious leading lady” who “just received an executive, feminine, beautiful smile here at Smile Texas.”
The lawsuit claims that Noem allegedly violated the Consumer Protection Procedures Act (CPPA), which “establishes an enforceable right to truthful information from merchants about consumer goods and services that are or would be purchased, leased, or received in the District of Columbia,” as well as the Federal Trade Commission requiring social posts to disclose whether they are an ad or not.
“The social media commentary seems focused on the confusion of why an influencer, here Governor Kristi Noem, would be able to post an advertisement on social media without the necessary Federal Trade Commission requirement of disclosing that the post is an advertisement by writing Ad, Advertisement, or Sponsored,” the filing stated.
The lawsuit comes after Democratic North Dakota Sen. Reynold Nesiba called for an investigation into the South Dakota governor’s video post, questioning if Noem used a state airplane or public funds to have her procedure done, according to the Associated Press.