South Dakota Gov. Noem sued over social media video praising Texas dentist who fixed her teeth

A consumer advocacy group has sued South Dakota’s governor, accusing Kristi Noem of violating consumer protection laws by posting a video on social media promoting the Texas dentist who fixed her teeth.

Travelers United filed the lawsuit against Noem on Wednesday in Washington, D.C., a day after the Republican governor posted a five-minute video on several of her personal social media platforms thanking Smile Texas for giving her a smile she can “be proud of and confident in.”

The advocacy group called the video a “misleading” and “deceptive” advertisement and called out Noem for failing to disclose she had a financial relationship with the Houston-area dentist.

“Kristi Noem knew and should have known that reasonable consumers she was advertising to without disclosure may believe she just liked a certain product and may purchase that product accordingly, without realizing that she was being paid to promote a product,” part of the suit reads.

In the video, Noem, who is seen by some as a possible running mate for presidential candidate Donald Trump, says “I am so grateful for their help fixing my smile for me.” Noem, in the video, claimed she needed to have her teeth adjusted due to a previous biking accident, and that her new smile “really is a gift that I think is going to be incredibly special to have.”

At least one South Dakota legislator is wondering if Noem paid for the procedure and perhaps used public money or state-owned airplane to fly to Texas. Noem, in the video, disclosed that she flew to the Lone Star State for the procedure.

Democratic state Sen. Reynold Nesiba called the video “odd” and has asked South Dakota’s Government Operations and Audit Committee to take up the matter when it meets next in July.

Travelers United also questioned whether Noem received free or discounted dental care in exchange for the video. The group also noted Smile Texas promotes medical tourism on its website, and that Noem participated in an unfair and deceptive practice by not marking the video as an “Ad or advertisement,” the suit reads.

Travelers United is seeking unspecified damages, a jury trial and for the court to prohibit Noem from advertising on social media without proper disclosure.

An inquiry to Noem’s office seeking comment had not been immediately returned.

This story contains material from the Associated Press.