South Dakota Gov. Kristi Noem Sued Over Video Promoting Dental Work at Texas Firm

South Dakota Gov. Kristi Noem arrives to speak during the annual Conservative Political Action Conference meeting in National Harbor, Md., on Feb. 23, 2024. Mandel Ngan/AFP via Getty Images

South Dakota Gov. Kristi Noem has been accused of breaching District of Columbia consumer protection laws after posting a video on her social media accounts praising the dental work she received at a Texas dentist.

The lawsuit was filed by the consumer advocacy group Travelers United in the Superior Court of the District of Columbia on March 13.

It accuses Ms. Noem of “misleading and deceptive advertising” practices related to her “undisclosed advertisement” for cosmetic dental work she received at a Houston-area cosmetic dentistry firm, Smile Texas.

Ms. Noem shared a roughly five-minute video on social media on March 12 explaining she had received dental work from Smile Texas to fix her teeth after they were knocked out in a biking accident years prior.

The South Dakota governor said she had been in communication with the company for years about potentially receiving treatment but had not managed to find the time.

In the video, captioned “I love my new family at Smile Texas!” Ms. Noem went on to state that she eventually underwent dental work at Smile Texas—although it is not clear exactly when—and that she was extremely pleased with the results.

“The team here was remarkable and finally gave me a smile that I can be proud of and confident in, and that really is a gift that I think is going to be incredibly special to have,” Ms. Noem said. “I chose the team here at Smile Texas because they’re the best.”

“I love that my bite is better. That my teeth are a better shape. That they feel better in my mouth and that I can be confident when I smile at people and know that they can actually appreciate and see the kindness in my face and the love that I have for them,” Ms. Noem continued.

“Also my schedule is kind of crazy and very busy. I remember I got a phone call from Jenell that said that we can actually do this if you are willing to fly in. My husband and I flew down to Houston. Got here at 2 o'clock in the morning and did an appointment that very next week,” she added.

The video was posted on all of Ms. Noem’s social media accounts including Facebook, X, Truth Social, and Instagram. It does not include advertising labels.

‘Unfair, Deceptive Practice’

In the lawsuit filed against Ms. Noem, Travelers United claims the governor is an “influencer” who “conducts her social media influencing business from South Dakota.”

In her March 12 post regarding her dental work, Ms. Noem “advertised a product or service without disclosing that she has a financial relationship with that company,” the lawsuit continues.

“There are many dentists and cosmetic dentists in South Dakota,” the lawsuit claims. “No one with an extremely important job in ... South Dakota would fly to Texas to receive dental treatment and then sit in that office and film an advertisement without some form of compensation.”

“She likely either received free dental care in exchange for this advertisement, discounted dental care in exchange for this advertisement or she was paid and received free dental care for the advertisement,” the lawsuit continues. “Unfortunately Noem did not mark this as an ‘Ad’ or ‘Advertisement’ when posting so she is participating in an unfair and deceptive practice,” it concludes.

Plaintiffs also cite Federal Trade Commission guidelines, which state that posts including advertisements must clearly include the words “Ad, Advertisement, or Sponsored.”

Travelers United is asking the court to order Ms. Noem to pay punitive damages in an amount determined at trial, award the group statutory damages, and ban the South Dakota governor from advertising on social media without disclosing that she is advertising.

The Epoch Times has contacted Ms. Noem’s office for comment.