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Travelers United sued South Dakota Gov. Kristi Noem in March 2024, alleging that a video promoting Smile Texas was an undisclosed advertisement. The suit was later dismissed on a service issue, according to a 2026 retrospective report—not because a court decided whether the video was an ad or whether disclosure was required. The available reporting also does not establish that Noem received money or dental treatment in exchange for the video.
What Travelers United alleged
Travelers United’s March 2024 complaint argued that Noem’s social-media video promoting Smile Texas should have disclosed an advertising relationship. It also raised the possibility that she received a free or discounted dental procedure. Those were allegations by the organization, not court findings or proof that compensation or treatment was exchanged for the video. Travelers United’s complaint
Contemporaneous coverage described the video as nearly five minutes long. Noem discussed dental work connected to teeth injured in a biking accident. CBS News
What happened to the lawsuit
A Houston Chronicle retrospective published March 6, 2026, reported that the case was dismissed in May 2024 after a judge found no proof that Noem had been served. That is a procedural explanation for the dismissal; it does not establish that the court assessed the advertising allegations or ruled on whether the video required a disclosure. Houston Chronicle
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South Dakota Searchlight’s May 30, 2024, report covered the dispute over service and attributed statements from the parties. South Dakota Searchlight
Was the video an ad, and was Noem paid?
The lawsuit alleged that the video was an undisclosed advertisement; the reviewed reporting does not show a court deciding that question. The complaint’s suggestion of a possible free or discounted procedure likewise does not prove that Noem received one. Later reporting quotes Noem denying compensation for alleged advertisements, while Travelers United maintained its allegations. The available sources do not establish whether money, free treatment, or discounted treatment changed hands. Houston Chronicle
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What FTC guidance says about endorsements
The Federal Trade Commission revised its Endorsement Guides in June 2023 to address modern advertising channels, including social media. Its general guidance says a connection between an endorser and a marketer that could affect how people evaluate an endorsement should be disclosed. This is general FTC guidance, not a case-specific decision about Noem’s video. FTC announcement on revised Endorsement Guides · FTC: Advertisement Endorsements
The FTC also says a social platform’s built-in disclosure feature is not automatically sufficient. A disclosure should be noticeable, readable, and clear. As FTC staff put it: “The big-picture point is that the ultimate responsibility for clearly and conspicuously disclosing a material connection rests with the influencer and the brand – not the platform.” FTC staff guidance: What People Are Asking
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