The lawsuit was filed in Washington DC on Wednesday by Travelers United, a consumer advocacy group. The group alleges that Noem advertised a product or service without revealing her financial ties to the company. The group's objective is to compel Noem to disclose her financial relationships in all social media posts where she endorses products or services.
In the five-minute video, Noem states, "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." She explains that her teeth required attention following a biking accident and that she had consulted with Smile Texas, a Houston-based company known as the "Official Dentist of the Miss Texas USA Pageant," several years prior via Zoom but had been unable to schedule an appointment.
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Upon finally finding the time, Noem praises Dr. Bret Davis and Dr. Mackenzi McAfee-Dooley of Smile Texas, stating that the company "finally gave me a smile I can be proud of and confident in" as she continues her political career. She emphasizes the importance of her appearance in her line of work, where speaking, interviews, and giving speeches are crucial. She states, "I want when people look at me to hear the words that I say and not be distracted by something that I’m wearing or how I look or even my appearance. I want them to focus on my thoughts and ideas and what we can do to really make this country better."
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Travelers United, in its lawsuit, asserts that Noem, while serving as South Dakota's governor, appears to have taken on the role of a social media influencer as of March 12, 2024. The suit alleges that companies like Smile Texas pay influencers like Noem to endorse their products or services to their followers, a role not typically assumed by sitting politicians.
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The lawsuit further claims that residents of Washington DC could view Noem's video on various platforms, including X, Facebook, Instagram, or Truth Social (owned by Trump), and potentially travel to Texas for treatment. It alleges that Noem made no disclosure that the video was an advertisement or that she received any free or discounted medical procedures in exchange for the social media advertisement, which appears to have been filmed at Smile Texas headquarters.
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The lawsuit also refers to social media comments questioning why Noem was promoting a private company. It asserts that Noem, a savvy woman, was aware of the laws pertaining to advertising disclosure on social media but failed to amend any of her posts promoting Smile Texas.
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Travelers United clarified that the lawsuit is solely about the lack of advertising disclosure. The group acknowledged Governor Noem's many accomplishments in office and expressed hope that she would continue to serve her state effectively after rectifying her social media posts.
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The lawsuit seeks an injunction preventing Noem from advertising on social media without disclosing that she is advertising. It also seeks statutory and punitive damages as well as the payment of costs.
Noem was contacted by The Guardian for comment on the lawsuit.
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