Can government officials endorse a product? Governor Kristi Noem promotes shoe brand amid viral Texas dentist endorsement lawsuit

On March 15, 2024, South Dakota Governor Kristi Noem took to X (formerly Twitter) to endorse a shoe brand called Fit My Feet. She uploaded a 24-second video on the platform and wrote in the caption:

“Fit My Feet does amazing work to make custom insoles. Just wait… I’m gonna be so fast!”

This comes in the wake of Kristi Noem facing a lawsuit by Travelers United for reportedly promoting a Texas-based dentist service called Smile Texas on March 12, 2024, on the same platform, for which she also earned online backlash.

For those uninitiated, according to the United States Office of Government Ethics, “executive branch employees” such as Kristi Noem in this case should not endorse an “organization, nonprofit, product, service, or person.”

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Kristi Noem violated the U.S. Department of Justice regulation

According to the Justice Management Division under the U.S. Department of Justice website, a governor of any U.S. state is regarded as an executive branch employee of the federal government.

Such an individual is not permitted to use their “public office for their own private gain” or for that of other persons and organizations, with a direct or indirect link to them.

The website also mentions that the executive branch employee should not use their position or title to “endorse any product, service, or enterprise,” as it may “give the appearance of a government sanction.”

The regulation also states that the employee is allowed to use their official title in response to “a request for a reference or recommendation” for a person, service, product, or organization they have dealt with in a federal capacity.

They are also allowed to recommend someone for appointment into a federal office.

Apart from the U.S. Department of Justice, the U.S. Office of Government Ethics also has similar rules. Under “Endorsing Organization, Products, or Persons,” it is stated that “Executive branch employees may not use their government positions to suggest that the agency or any part of the executive brand endorses an organization (including a nonprofit organization), product, service, or person.”

An exception to this regulation would be if a statutory authority exists for an agency in which the executive branch employee works if the endorsement does not violate the office/ agency requirements and standards.

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Exploring the latest Kristi Noem controversy

On Tuesday, Kristi Noem took to X to share her experience at Houston-based dental clinic Smile Texas. She shared a 4-minute 51 seconds video, the caption of which was:

“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.”

However, rather than just sharing her experience which she called “absolutely amazing,” she seemingly promoted Smile Texas throughout her clip. She said she visited the facility “to fix my teeth,” supported by visuals.

“For years, I have needed to have an adjustment to my teeth from a biking accident. And they have been absolutely phenomenal… Recently, I got the chance to work with Dr. Davis; Dr. Dooley has always been fantastic too,” she added.

Kristi Noem further continued,

“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 would be incredibly special to have.”

The South Dakota Governor also called the Smile Texas team “the best” and “kind” adding how she studied their work and consulted a lot of people who’ve been there before making her decision.

The Republican lauded the good work ethics of the dental team and explained how as a politician, she aims to make sure that the public isn’t distracted by how she looks when she speaks, but rather concentrates on her “thoughts and ideas.”

“For me, being able to have a confident smile and to have teeth that’s not a distraction, but actually appealing to people will be helpful… It’s been a gift to be here at Smile Texas,” she wrapped.

Later, Smile Texas reposted the video on their Instagram handle. In the wake of this seemingly promotional post, Kristi Noem was hit with a lawsuit on March 14, 2024, by a consumer advocacy group called Travelers United at the Superior Court of District of Columbia Civil Division, as evidenced by their website and X handle.

As per the court document, Kristi Noem has been accused of violating the Consumer Protection Procedures Act and of an alleged “misleading and deceptive advertising case.”

They further alleged that the South Dakotan “advertised a product or service without disclosing that she has a financial relationship with that company,” and did not let her followers know when she promoted the brand.

“Travelers United is taking action to force her to make corrective disclosures on all social media posts where she promotes products or services,” the legal filing stated.

The lawsuit comes in the wake of Democratic Senator of South Dakota Reynold Nesiba calling for an investigation into Noem's video and posting on X how "the informercial raises a number of questions."

He even exclusively told the Associated Press that initially, he found it "odd" but later requested the Republican co-chairs of the Legislature's Government Operations & Audit Committee to look into the matter and put it on the panel's next meeting agenda scheduled for July.

Regardless, a day after she was sued, Kristi Noem endorsed the Fit My Feet shoe brand in Rapid City, South Dakota, praising their “custom insoles” and claiming in her caption how she was going to be “fast” wearing their products.

She said how their team was “amazing” and made her separate customizations for her running shoes and cowboy boots.

She asked her followers to “come see these guys now” and gave a chance to two Fit My Feet employees to give details about all their locations around the state for people to go and visit their stores.

A vocal Donald Trump supporter, so far, Kristi Noem has not issued any response to the lawsuit or the ongoing controversy surrounding her back-to-back endorsement videos.