Gov. Kristi Noem sued for allegedly ‘deceptive’ social media ad

Mar 15

Lauren Taylor Anchor

By Lauren Taylor (Anchor), William Jackson (Producer), Jonah Applegarth (Video Editor)

This report was created with support from enhanced software.

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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.

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

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.

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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.

Fit My Feet does amazing work to make custom insoles. Just wait… I’m gonna be so fast! 👟 pic.twitter.com/RujfkjWPrc
— Kristi Noem (@KristiNoem) March 14, 2024

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.

Tags: Advertising, Kristi Noem, South Dakota, Texas, X

[LAUREN TAYLOR]

SOUTH DAKOTA GOVERNOR KRISTI NOEM IS FACING LEGAL CHALLENGES OVER SO-CALLED “DECEPTIVE ADVERTISING PRACTICES” FOR THIS POST ON SOCIAL MEDIA.

TRAVELERS UNITED, A CONSUMER ADVOCACY GROUP, IS SUING NOEM FOR HER APPARENT ADVERTISEMENT OF SMILE TEXAS, A COSMETIC DENTISTRY FIRM. THE GROUP USING THE CONSUMER PROTECTION PROCEDURES ACT TO ACCUSE HER OF DECEPTIVE AND MISLEADING ADVERTISING.

THE MORE THAN 5-MINUTE VIDEO WAS POSTED ACROSS THE GOVERNOR’S SOCIAL MEDIA CHANNELS WITHOUT A CLEAR DECLARATION IT WAS AN ADVERTISEMENT.

NOEM HAS MORE THAN 485-THOUSAND FOLLOWERS ON X.

250-THOUSAND ON INSTAGRAM.

AND MORE THAN 960-THOUSAND FOLLOWERS ON TRUTH SOCIAL.

THE ADVOCACY GROUP SAYS NOEM’S BEHAVIOR UNDERLINES THE CRUCIAL NEED FOR POLITICIANS TO FOLLOW ADVERTISING LAWS TO KEEP PUBLIC TRUST INTACT.

THEY SAY HER ACTIONS ALSO ENCOURAGE MEDICAL TOURISM – WHEN PEOPLE TRAVEL TO ANOTHER STATE OR COUNTRY FOR MEDICAL CARE. SMILE TEXAS PROMOTES THEIR SERVICES AS MEDICAL TOURISM ON THEIR WEBSITES. THEY ALSO ASSERT THAT NOEM WAS LIKELY COMPENSATED FOR HER VIDEO.

LEGAL DOCUMENTS CLAIM —

“Someone with a very busy job does not take time off of that job to make a free advertisement for medical services in another state.”

“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.”

AMIDST THIS CONTROVERSY, NOEM HASN’T STEPPED BACK BUT INSTEAD HIGHLIGHTED ANOTHER PRIVATE ENDORSEMENT.

THIS TIME, SHE’S PROMOTING A SOUTH DAKOTA COMPANY CALLED “FIT MY FEET” ON SOCIAL MEDIA PRAISING THEIR CUSTOM INSOLES FOR ENHANCING HER LIFESTYLE, EVEN REFERRING TO HERSELF AS A “BIONIC WOMAN.”

THIS SERIES OF ENDORSEMENTS BY NOEM RAISES QUESTIONS ABOUT THE BLENDING OF PERSONAL ENDORSEMENTS WITH POLITICAL INFLUENCE. THE LAWSUIT ASKS THAT NOEM CLEARLY LABEL ANY ADS SHE POSTS IN THE FUTURE AND PAY DAMAGES FOR EACH VIOLATION OF THE CONSUMER PROTECTION PROCEDURES ACT.