Joshua Haiar, South Dakota Searchlight
A consumer advocacy group said it filed a lawsuit Wednesday in Washington, D.C., against South Dakota Governor Kristi Noem for allegedly engaging in misleading advertising practices in her five-minute promotional video for a Texas dental practice.
Noem released the video Monday night on social media. In it, she mentioned a long-ago bicycling accident that knocked out her front teeth and said she needed “an adjustment” ever since.
“Well, hi, I’m Kristi Noem, I’m the governor of South Dakota, and had the opportunity to come to Smile Texas to fix my teeth, which has been absolutely amazing,” the video began.
Travelers United’s complaint alleges Noem violated the Washington D.C. Consumer Protection Procedures Act by failing to disclose her financial relationship with Smile Texas in the video.
Lauren Wolfe is Travel United’s lawyer. She said “we don’t have any specific proof” that Noem was paid or received free or discounted services in exchange for the video.
“It seems highly unlikely that there would not be some sort of material connection,” Wolfe said.
Travelers United expects proof to come out as the lawsuit progresses, Wolfe added, because “even if she received a discount, she would need to disclose that as well.”
The group is asking the court to order Noem’s compliance with advertising disclosure requirements on her social media accounts. Furthermore, the group wants Noem to pay damages in an amount to be determined at trial.
Wolfe said the primary goal is “to have Noem write ‘ad’ at the beginning of the caption on each post. That is our main ask in this case.”
“We just want to make the point that there is law on this subject,” Wolfe said.
A D.C. court can have jurisdiction over a South Dakotan doing advertising work for a Texas company, according to Wolfe. That’s because “if your social media posts are viewable in Washington, D.C., then you’re subject to the District’s consumer protection laws.”
Additionally, she said the Federal Trade Commission, whose rules apply around the nation, “has made it extremely clear that people need to post when something is an ad or an advertisement on social media.”
With nearly 500,000 followers on X (formerly Twitter), Travelers United claims Noem is a prominent figure whose social media posts can significantly influence consumer behavior.
Wolfe said her team saw mentions of Noem’s “medical tourism ad” in the news after it was posted.
“The need for people to simply disclose when they’re making an ad, as it relates to travel, is central to what we work on, so that’s why we brought this lawsuit,” Wolfe said.
The advocacy group previously sued a California social media influencer for dishonest advertising. That case is ongoing.
Noem’s office has not responded to South Dakota Searchlight questions about the lawsuit and its allegations.