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> <channel><title>Jimmy Moore&#039;s Livin&#039; La Vida Low Carb Blog &#187; lawsuit</title> <atom:link href="http://livinlavidalowcarb.com/blog/tag/lawsuit/feed" rel="self" type="application/rss+xml" /><link>http://livinlavidalowcarb.com/blog</link> <description>To educate, encourage, and inspire the world to start low-carb living</description> <lastBuildDate>Sat, 19 May 2012 02:35:53 +0000</lastBuildDate> <language>en</language> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=</generator> <item><title>The LLVLC Show (Episode 416): Dr. Jacob Teitelbaum Helps You &#8216;Beat Sugar Addiction Now&#8217; And Attorney John Tiedt On The Kimkins Trial</title><link>http://livinlavidalowcarb.com/blog/the-llvlc-show-episode-416-dr-jacob-teitelbaum-helps-you-beat-sugar-addiction-now-and-attorney-john-tiedt-on-the-kimkins-trial/9323</link> <comments>http://livinlavidalowcarb.com/blog/the-llvlc-show-episode-416-dr-jacob-teitelbaum-helps-you-beat-sugar-addiction-now-and-attorney-john-tiedt-on-the-kimkins-trial/9323#comments</comments> <pubDate>Fri, 05 Nov 2010 21:05:10 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[1]]></category> <category><![CDATA[attorney]]></category> <category><![CDATA[Beat Sugar Addiction Now]]></category> <category><![CDATA[book]]></category> <category><![CDATA[chronic fatigue syndrome]]></category> <category><![CDATA[class action]]></category> <category><![CDATA[diet]]></category> <category><![CDATA[fibromyalgia]]></category> <category><![CDATA[health]]></category> <category><![CDATA[healthy]]></category> <category><![CDATA[Heidi Diaz]]></category> <category><![CDATA[interview]]></category> <category><![CDATA[Jacob Teitelbaum]]></category> <category><![CDATA[John Tiedt]]></category> <category><![CDATA[Kimkins]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[low-carb]]></category> <category><![CDATA[podcast]]></category> <category><![CDATA[scam]]></category> <category><![CDATA[sugar addiction]]></category> <category><![CDATA[The Livin' La Vida Low-Carb Show]]></category> <category><![CDATA[trial]]></category> <category><![CDATA[weight loss]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.com/blog/?p=9323</guid> <description><![CDATA[<p>PLEASE VISIT OUR SPONSOR &#8216;THE LOW CARBER&#8217;S SURVIVAL GUIDE&#8217;: $9.99 COUPON CODE: 8U751106 NOTICE OF DISCLOSURE: http://cmp.ly/3</p><p> In Episode 416 of &#8220;The Livin&#8217; La Vida Low-Carb Show with Jimmy Moore,&#8221; we have a doubleheader podcast for you today with back-to-back episodes. First up is Dr. Jacob Teitelbaum who has authored a book entitled Beat [...]]]></description> <content:encoded><![CDATA[<p><center><b>PLEASE VISIT OUR SPONSOR &#8216;THE LOW CARBER&#8217;S SURVIVAL GUIDE&#8217;:</b><br
/> <a
href="http://www.lowcarbsurvivalguide.com"><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/AK-TLCSG-BannerAd-600x120.jpg?t=1288967529></a><br
/> <b>$9.99 COUPON CODE: 8U751106</b><br
/> NOTICE OF DISCLOSURE: <a
href=http://cmp.ly/3>http://cmp.ly/3</a></center></p><p><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/LLVLC-ep-416.png?t=1288967318 align="left"> In <a
href=http://www.thelivinlowcarbshow.com/shownotes/2910/dr-jacob-tietelbaum-helps-beat-sugar-addiction-now-episode-416/>Episode 416 of &#8220;The Livin&#8217; La Vida Low-Carb Show with Jimmy Moore,&#8221;</a> we have a doubleheader podcast for you today with back-to-back episodes.  First up is <a
href=http://www.endfatigue.com/>Dr. Jacob Teitelbaum</a> who has authored a book entitled <a
href=http://www.amazon.com/gp/redirect.html?ie=UTF8&#038;location=http%3A%2F%2Fwww.amazon.com%2FBeat-Sugar-Addiction-Now-Cutting-Edge%2Fdp%2F1592334156&#038;tag=livilavidalow-20&#038;linkCode=ur2&#038;camp=1789&#038;creative=9325><i>Beat Sugar Addiction Now!: The Cutting-Edge Program That Cures Your Type of Sugar Addiction and Puts You on the Road to Feeling Great &#8211; and Losing Weight!</i></a> If you&#8217;ve ever struggled with overcoming your love affair with sugar, then Dr. Teitelbaum offers up suggestions for how to beat down the &#8220;yeasty beasties.&#8221;</p><p>Listen to Dr. Jacob Teitelbaum talk about how his own diagnosis piqued his interest in chronic fatigue syndrome and later on fibromyalgia, why doctors don&#8217;t know much about non-pharmaceutical treatments to disease, the free computerized doctor model he uses to help patients who are sick and tired of being sick and tired, his &#8220;Cures: A to Z&#8221; iPhone app with over 1 million downloads, the future of holistic medicine in the mainstream, why sugar and white flour are so addicting, identifying the four types of sugar addiction, an explanation of the SHINE protocol, how sleep deprivation can impact sugar cravings, why 1/3 of Americans are chronically fatigued, why a big glass of water can help boost your energy, why he doesn&#8217;t take money from any nutritional company, how to deal with the &#8220;irritable when hungry&#8221; sugar addicts and stress eaters, the growing prevalence of yeast overgrowth (aka candida), why yeast feeds on sugar and sends out strong cravings, how to handle sugar addiction that happens in older men and women with decreasing hormone levels, whether there are multiple sugar addiction types, the various health issues that are associated with sugar, the &#8220;sugar orgy&#8221; that happens at nutritionist conferences, what the acceptable sugar alternatives are, why farmers know how to fatten up cattle (and it&#8217;s the same thing fattening up humans), how thyroid issues (especially ones that come back &#8220;normal&#8221; on blood tests) negatively impact your health, and the unexpected health improvements that happen when you cut out the sugar.  If you&#8217;ve struggled with sugar addiction, then you owe it to yourself to check out the work of Dr. T!</p><p><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/attorney.jpg?t=1288991062 align="right"> In the special second interview in today&#8217;s episode we have attorney <a
href=http://tiedtlaw.com/>John Tiedt</a> who represented the plaintiff&#8217;s in the Kimkins class action case against Heidi Diaz.  I wrote about <a
href=http://livinlavidalowcarb.com/blog/kimkins-founder-heidi-diaz-found-guilty-in-class-action-lawsuit-must-pay-over-2-5-million-in-damages-and-admit-she-lied/9299>the judgment that was handed down against Diaz last week</a> earlier this week and now in this exclusive interview Tiedt shares what it was like dealing with this case.  Listen to John Tiedt talk about what made him became a consumer advocate for fraudulent health products for the past decade, his appointment to the California Health Fraud Task Force, how he got involved in the Kimkins lawsuit beginning in September 2007, the unprecedented nature of how this case came about freezing her assets during the trial, the <i>Woman&#8217;s World</i> back story about how they ran the story on Kimkins without doing their journalistic due diligence, how the trial exposed Diaz as a fraud with no medical or nutritional background, the refusal of <i>Woman&#8217;s World</i> magazine to retract their story in their print magazine or to inform their readers about the class action lawsuit, how to determine if what you read in a magazine is credible or not, the specifics of what Heidi Diaz did to warrant a class action lawsuit against her, the egregious lies and fake photos she used to promote the Kimkins diet fraudulently, the financial windfall that happened after the <i>Woman&#8217;s World</i> front cover story ran, Diaz&#8217; dangerous promotion of laxatives for weight loss, why Diaz was allegedly afraid to have a doctor endorse her diet, the bravery of the plaintiffs who testified in the case, the court&#8217;s finding that Heidi Diaz was dishonest and a liar, the consequences of her fraudulent business practices including restitution of $1.8 million, another $500,000 in punitive charges (not dischargeable in bankrupty), attorney&#8217;s fees, the injunctive relief that will force Diaz that she lied about her weight loss, photographs of herself, testimonials of the Kimkins diet, the before and after photos of those testimonials, and a warning about the dangers of low-calorie diets, the unprecedented permanent junction against Diaz preventing her from harassing any of the plaintiffs and witnesses in the case against her, whether there is a way to access any of her hidden assets, the possibility that Diaz could be found in contempt of court and face jail time for failure to comply with the judge&#8217;s ruling, how Diaz never lost any weight as she still weighs over 300 pounds, the kind of people she preyed on with her diet plan, the key things to be on the lookout for when looking for a legitimate diet program, how former Kimkins members can get in on the class action settlement (from the class period June 1, 2006-October 15, 2007), and whether criminal action against Heidi Diaz will ever happen.  For anyone who&#8217;s been following this story over the past few years, justice has now been served and we have John Tiedt and the plaintiffs to thank for all of their efforts in exposing this diet fraud.</p><p>There are three ways you can listen to Episode 416:</p><p>1. <a
href=http://itunes.apple.com/us/podcast/dr-jacob-tietelbaum-helps/id324601605?i=88742923>Listen at the new iTunes page for the podcast:<br
/> <img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/itunes-logo.png?t=1244239298></a></p><p>2. <a
href=http://www.thelivinlowcarbshow.com/shownotes/2910/dr-jacob-tietelbaum-helps-beat-sugar-addiction-now-episode-416/>Listen and comment about the show at the official web site for the podcast:<br
/> <img
src="http://i574.photobucket.com/albums/ss187/livinlowcarbman/2888563650_307d2ccc1f_t.jpg?t=1236702291" alt="" /></a></p><p>3. <a
href="http://www.thelivinlowcarbshow.com/shownotes/audio/llvlc416-dr-jacob-tietelbaum.mp3" target="new">Download the MP3 file of Episode 416 [85:12m]:<br
/> <img
src="http://i574.photobucket.com/albums/ss187/livinlowcarbman/2888572234_8725d9eb1e_t.jpg?t=1236702320" alt="" /></a></p><p><b>THANK YOU SO MUCH FOR FINANCIALLY SUPPORTING THIS PODCAST!</b> If these twice-weekly podcast interviews from the most provocative and thought-provoking diet, fitness, and health experts have helped you in any way over the past few months and years, then help us keep it going by clicking on the DONATE button on <a
href=http://www.thelivinlowcarbshow.com/shownotes>the official podcast web site</a>.  We love making these exclusive interviews available to you at no charge so that the positive low-carb message can get out there to the people who need to hear it the most.  We are so grateful for your generous donations of any amount so we can keep this going all throughout 2010 and well beyond.  I have a fantastic group of fresh new expert interview guests lined up for your listening enjoyment and can&#8217;t wait for you to hear them!  Go to <a
href=http://www.paypal.com>PayPal.com</a> and you can give your gift to the e-mail address livinlowcarbman@charter.net.  Your continued financial support and listenership is essential and we THANK YOU so very much for your support!</p><p>How did you like what you heard from Dr. Jacob Teitelbaum about beating sugar addiction?  What about the interview with attorney John Tiedt about the Kimkins class action lawsuit?  Comment with your opinions about today&#8217;s episode in <a
href=http://www.thelivinlowcarbshow.com/shownotes/2910/dr-jacob-tietelbaum-helps-beat-sugar-addiction-now-episode-416/>the show notes section of Episode 416</a>.  Pick up your copy of <a
href=http://www.amazon.com/gp/redirect.html?ie=UTF8&#038;location=http%3A%2F%2Fwww.amazon.com%2FBeat-Sugar-Addiction-Now-Cutting-Edge%2Fdp%2F1592334156&#038;tag=livilavidalow-20&#038;linkCode=ur2&#038;camp=1789&#038;creative=9325><i>Beat Sugar Addiction Now!: The Cutting-Edge Program That Cures Your Type of Sugar Addiction and Puts You on the Road to Feeling Great &#8211; and Losing Weight!</i></a> and visit <a
href=http://www.endfatigue.com>Vitality101.com</a> to learn more about what Dr. Jacob Teitelbaum is doing to help people with sugar addiction, chronic fatigue, and fibromyalgia.  Also, be sure to check out the web site for <a
href=http://tiedtlaw.com/>John Tiedt</a> to learn more about the man who worked tirelessly for over three years on behalf of the plaintiffs in the class action lawsuit against Heidi Diaz and Kimkins.</p><p>Coming up next week we&#8217;ll have two special ladies in the low-carb community as our special guests on &#8220;The Livin&#8217; La Vida Low-Carb Show.&#8221;  On Monday, we&#8217;ll have bestselling author <a
href=http://low-carb-news.blogspot.com/>Jennifer Eloff</a> who has penned <a
href=http://www.amazon.com/gp/redirect.html?ie=UTF8&#038;location=http%3A%2F%2Fwww.amazon.com%2Fgp%2Fproduct%2FB001H02ELA%3Fie%3DUTF8%26seller%3DA3SK3064KE7HNX%26sn%3DEureka%2520Publishing&#038;tag=livilavidalow-20&#038;linkCode=ur2&#038;camp=1789&#038;creative=9325>a series of the first cookbooks using Splenda as the sweetener</a>.  Jennifer is such a delightful personality in the low-carb community and I&#8217;m happy to share her with you next week.  Then on Thursday, nutrition and fitness expert <a
href=http://www.rebecca4fitness.com/wordpress/?page_id=11>Rebecca Rovay-Hazelton</a> will talk about how to live a healthy lifestyle.</p><p>Don&#8217;t forget to <a
href=http://livinlavidalowcarb.com/blog/vote-for-the-best-llvlc-show-podcast-interviews-of-2010/9124>vote for your favorite podcast guests of 2010</a> along with specific questions for those guests for our special weeklong &#8220;Encore Week&#8221; coming the first full week of January 2011 for brand new interviews with the top vote-getters chosen by YOU the listeners.  The deadline for entering is coming up next Friday, November 19, 2010 so get me your votes ASAP.  THANK YOU for voting for the best podcast guests of the year and be ready to listen to the winners during the first week of January 2011 for &#8220;Encore Week!&#8221;</p><p>If you have something to share about what you heard on &#8220;The Livin&#8217; La Vida Low-Carb Show,&#8221; then drop us an e-mail at our dedicated podcast e-mail address&#8211;<a
href=mailto:LLVLCShow@gmail.com>LLVLCShow@gmail.com</a>.  We&#8217;d love to hear from you about what you think about the show, interview guest suggestions (although keep in mind I&#8217;m fully booked up for the rest of 2010), show topics, and anything else you want to share!</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/the-llvlc-show-episode-416-dr-jacob-teitelbaum-helps-you-beat-sugar-addiction-now-and-attorney-john-tiedt-on-the-kimkins-trial/9323/feed</wfw:commentRss> <slash:comments>0</slash:comments> <enclosure
url="http://www.thelivinlowcarbshow.com/shownotes/audio/llvlc416-dr-jacob-tietelbaum.mp3" length="40951552" type="audio/mpeg" /> </item> <item><title>Kimkins Founder Heidi Diaz Found Guilty In Class Action Lawsuit; Must Pay Over $2.5 Million In Damages And Admit She Lied</title><link>http://livinlavidalowcarb.com/blog/kimkins-founder-heidi-diaz-found-guilty-in-class-action-lawsuit-must-pay-over-2-5-million-in-damages-and-admit-she-lied/9299</link> <comments>http://livinlavidalowcarb.com/blog/kimkins-founder-heidi-diaz-found-guilty-in-class-action-lawsuit-must-pay-over-2-5-million-in-damages-and-admit-she-lied/9299#comments</comments> <pubDate>Tue, 02 Nov 2010 00:55:16 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[1]]></category> <category><![CDATA[Christin Sherburne]]></category> <category><![CDATA[class action lawsuit]]></category> <category><![CDATA[guilty]]></category> <category><![CDATA[Heidi Diaz]]></category> <category><![CDATA[Internet]]></category> <category><![CDATA[interview]]></category> <category><![CDATA[John Tiedt]]></category> <category><![CDATA[judgment]]></category> <category><![CDATA[Kimkins]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[scam]]></category> <category><![CDATA[weight loss]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.com/blog/?p=9299</guid> <description><![CDATA[<p> In Lesson #17 of my latest book 21 Life Lessons From Livin&#8217; La Vida Low-Carb, I share a chapter called &#8220;Opportunists on the Internet like Heidi Diaz from Kimkins lurk online&#8221; to warn others of the nightmare of believing everyone who talks about diet and health in cyberspace. As idealistic as it may be [...]]]></description> <content:encoded><![CDATA[<p><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/HeidiDiazILied.jpg?t=1288652206 align="left"> In Lesson #17 of my latest book <a
href=http://tinyurl.com/yh6smyy><i>21 Life Lessons From Livin&#8217; La Vida Low-Carb</i></a>, I share a chapter called &#8220;Opportunists on the Internet like Heidi Diaz from Kimkins lurk online&#8221; to warn others of the nightmare of believing everyone who talks about diet and health in cyberspace.  As idealistic as it may be to think that everyone who blogs, has a web site, and puts themselves out there as a real person is being completely honest and trustworthy, the sad reality is that there are shysters who are seeking victims they can take advantage of both emotionally and financially.  And one of the biggest perpetrators of doing just that is none other than the founder of a low-fat, low-carb, calorie-restricted diet plan called Kimkins named Heidi Diaz.  If you&#8217;re interested in learning more specifically about how this woman destroyed the lives of thousands of people over the past decade beginning at Low-Carb Friends to her feature front-cover story in <i>Woman&#8217;s World</i> magazine in 2006, just do <a
href=http://www.google.com/webhp?hl=en&#038;tab=bw#hl=en&#038;expIds=17259,24815,26637,27113,27284,27357&#038;sugexp=ldymls&#038;xhr=t&#038;q=Heidi+Diaz+Kimkins&#038;cp=12&#038;qe=SGVpZGkgRGlheiBL&#038;qesig=sM0ViCLLxkoc1u2tFTzFmg&#038;pkc=AFgZ2tkANiGRLjmMAkRlw4fekOq5KzsDAR1BeFJwot-nbMWatPJRlx5e5OMwGG41ehGatheFg58xN7ANTwI-JvnG8sgGdZumlQ&#038;pf=p&#038;sclient=psy&#038;site=webhp&#038;aq=f&#038;aqi=g3g-o1&#038;aql=&#038;oq=Heidi+Diaz+K&#038;gs_rfai=&#038;pbx=1&#038;fp=ddfbf15c2e2f4021>a Google search of &#8220;Heidi Diaz Kimkins&#8221;</a> for more than you&#8217;ll ever want to know.  Plus, I share great detail about my personal observations and experience with this dark saga in my lengthy and sometimes painful recount of this disappointing time early on in the history of my blog.  I&#8217;m a better man today having gone through this ordeal, but it was a difficult road for me.</p><p>Here&#8217;s a quick glance at the Kimkins controversy in a nutshell:</p><p>- Heidi Diaz claimed she lost triple-digit weight&#8211;<b>LIE!</b><br
/> - Heidi Diaz claimed to be &#8220;Kimmer,&#8221; &#8220;Brad Johnson,&#8221; &#8220;Kim Drake&#8221; and others&#8211;<b>LIE!</b><br
/> - Heidi Diaz posted alleged before and after photos of herself&#8211;<b>LIE!</b><br
/> - Heidi Diaz offered a &#8220;lifetime&#8221; membership to her web site&#8211;<b>LIE!</b><br
/> - Heidi Diaz shared testimonials of &#8220;success stories&#8221; on her web site&#8211;<b>LIE!</b><br
/> - Heidi Diaz shared photos of alleged Kimkins weight loss successes&#8211;<b>LIE!</b><br
/> - Heidi Diaz told <i>Woman&#8217;s World</i> her diet was legit&#8211;<b>LIE!</b></p><p>And if you&#8217;re interested in hearing from this habitual lying liar who lies, then I conducted a July 2007 interview in three parts <a
href=http://www.thelivinlowcarbshow.com/shownotes/1116/jimmy-moore’s-interview-with-kimmer-from-kimkins-part-1-episode-70/>here</a>, <a
href=http://www.thelivinlowcarbshow.com/shownotes/1120/jimmy-moore’s-interview-with-kimmer-from-kimkins-part-2-episode-71/>here</a>, and <a
href=http://www.thelivinlowcarbshow.com/shownotes/1123/jimmy-moore’s-interview-with-kimmer-from-kimkins-parts-3-4-and-5-episode-72/>here</a>.  As I was interviewing &#8220;Kimmer&#8221; and realizing how she lied to cover up other lies she told and then seeing new revelations coming out about her in the weeks and months that followed, I just had to do a <a
href=http://www.thelivinlowcarbshow.com/shownotes/1161/heidi-diaz-don’t-let-the-door-hit-ya-episode-94/>follow-up podcast</a> featuring all the claims she made during my conversation with her and the evidence that proved otherwise.  This was the only place anywhere online where people could hear the voice of Heidi Kimberly Diaz and this fateful interview would end up being a huge mistake on her part when it played a major role in the class action lawsuit filed in October 2007.  Over three years later, a judgment has finally been handed down by Riverside County Superior Court Judge Rick Brown.</p><p>On Friday, October 29, 2010, the court entered a civil verdict against Heidi Diaz for fraud and false advertising. Some had hoped she would be held criminally liable for the damage she inflicted on so many people by serving time in jail for what she had done.  But the judgment against her wasn&#8217;t a cakewalk either:</p><p><b>- $1,824,210.39 in restitution to class members<br
/> - $500,000 in punitive damages<br
/> - Attorney fees dating back to 2007<br
/> - A temporary restraining order freezing all of her assets<br
/> - Not allowed to contact, harass or cyberbully the plaintiffs or witnesses against her</b></p><p>PLUS, mandatory injunctive relief was ordered for all of her current and future web sites to state:</p><p><b>- She lied about her weight loss<br
/> - She lied about her before and after photos<br
/> - She lied about the testimonials she used on her web site<br
/> - She lied about the photos used with the testimonials (Russian brides)<br
/> - Low-calorie diets are dangerous to your health</b></p><p>THIS IS HUGE!  After years of getting away with bilking innocent people out of their hard-earned money, Heidi Diaz is getting what&#8217;s coming to her right where it hurts.  On top of all of this, it is estimated her own legal costs run upwards of $250,00-300,000, so she&#8217;s out nearly $3 million and her reputation as a &#8220;diet guru&#8221; is pretty much shot.  GOOD!  Justice is FINALLY served.  If she fails to comply with the judge&#8217;s ruling, then Heidi Diaz could be arrested and thrown in jail.  Something deep inside of me wants her to just try to disobey what the judge has ordered.  Go ahead, make my day!</p><p>The attorney on behalf of the plaintiffs John Tiedt wants to let anyone who purchased a membership to Kimkins to know you are eligible for a refund and details about this will be coming in the next few weeks after the formal judgment is entered by November 19, 2010.  Notification will be published in magazines as well as web sites, including the &#8220;Livin&#8217; La Vida Low-Carb&#8221; blog.  I have a podcast interview scheduled with John Tiedt on Tuesday, November 2, 2010 at 4PM, so feel free to share any questions you may have for him by e-mailing <a
href=mailto:LLVLC@gmail.com>LLVLC@gmail.com</a>.  The interview is scheduled to run 45-60 minutes and we&#8217;ll get all the sordid details about this nightmare soap opera from the lips of the attorney who worked tirelessly through all the lies, distortions, and roadblocks put up by Heidi Diaz fighting this case against her.  It was a long time coming, but she got what was coming to her!  We&#8217;ll share that interview at the beginning of Thursday&#8217;s podcast because you deserve to hear about this important case that impacted so many people in the low-carb community.</p><p>Incidentally, <i>Woman&#8217;s World</i> magazine who ran the front-cover story about Kimkins success <a
href=http://www.thelivinlowcarbshow.com/shownotes/2597/christin-sherburne-episode-163/>Christin Sherburne</a> and others has REFUSED to write a retraction of their June 2007 article despite finding out the truth.  Why wouldn&#8217;t they want to warn their readers who may have been duped by Heidi Diaz?  They hold some responsibility for convincing the public this diet was legitimate, so it should be their duty to inform that same public of the lies the Kimkins diet were based on.  We&#8217;ll see if they agree to run the ad telling members of the class about the judgment in their favor since so many <i>Woman&#8217;s World</i> subscribers signed up for a membership after reading it in that magazine.  DO THE RIGHT THING, WOMAN&#8217;S WORLD!</p><p>At the end of the chapter in my book about Kimkins, I provide five practical clues to help you find people who you can trust about giving you solid diet advice online.  Yes, there are good people who are the antithesis of Heidi Diaz if you know what to look for:</p><p>1. They are willing to share their real names and photos.<br
/> 2. They do not require you to pay to access their columns.<br
/> 3. They tend to put themselves out there on YouTube and podcasts.<br
/> 4. They can be seen in public and confirmed as real people.<br
/> 5. They aren&#8217;t hiding behind a cloud of secrecy and deception.</p><p>Although this was a painful lesson in my own life having to be caught up in such an intricate web weaved by a woman with evil intentions, I think it&#8217;s made me a better man who constantly strives to live openly and ethically for the benefit of my readers.  YOU deserve that and I strive to deliver it to you in all of my writings, interviews, and the people I associate myself with in sponsorship relationships.  Because of Kimkins and my failure to do my due diligence in that matter, I have very strict expectations of the businesses I work with to insure they are a company with a product and/or service I can confidently put my name behind.  So in a roundabout way, I&#8217;m glad this happened and so excited there&#8217;s a happy ending to share.</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/kimkins-founder-heidi-diaz-found-guilty-in-class-action-lawsuit-must-pay-over-2-5-million-in-damages-and-admit-she-lied/9299/feed</wfw:commentRss> <slash:comments>18</slash:comments> </item> <item><title>NOTICE OF PENDENCY OF CLASS ACTION</title><link>http://livinlavidalowcarb.com/blog/notice-of-pendency-of-class-action/6413</link> <comments>http://livinlavidalowcarb.com/blog/notice-of-pendency-of-class-action/6413#comments</comments> <pubDate>Tue, 10 Nov 2009 22:43:01 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[1]]></category> <category><![CDATA[California]]></category> <category><![CDATA[class action lawsuit]]></category> <category><![CDATA[defendant]]></category> <category><![CDATA[diet]]></category> <category><![CDATA[Heidi Diaz]]></category> <category><![CDATA[Internet]]></category> <category><![CDATA[Kim Drake]]></category> <category><![CDATA[Kimkins]]></category> <category><![CDATA[Kimmer]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[litigation]]></category> <category><![CDATA[plaintiff]]></category> <category><![CDATA[Riverside]]></category> <category><![CDATA[Riverside County Superior Court]]></category> <category><![CDATA[scam]]></category> <category><![CDATA[scandal]]></category> <category><![CDATA[weight loss]]></category> <category><![CDATA[Women's World]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.com/blog/?p=6413</guid> <description><![CDATA[<p>NOTICE OF PENDENCY OF CLASS ACTION</p><p>TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007</p><p>PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALIFORNIA.</p><p>INTRODUCTION</p> [...]]]></description> <content:encoded><![CDATA[<p>NOTICE OF PENDENCY OF CLASS ACTION</p><p>TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007</p><p>PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALIFORNIA.</p><p>INTRODUCTION</p><p>1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.</p><p>2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.</p><p>3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business &#038; Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.</p><p>4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.</p><p>THE LITIGATION</p><p>The Plaintiffs’ Claims</p><p>5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.</p><p>6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:</p><p>• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com</p><p>• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”</p><p>• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss</p><p>• that Diaz and Kimkins provided false or misleading information to Women’s World magazine</p><p>• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web</p><p>• that Diaz and Kimkins made up celebrity endorsements</p><p>• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law</p><p>• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim</p><p>• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.</p><p>The Defendants’ Position</p><p>7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.</p><p>THE COURT’S CLASS-CERTIFICATION ORDER</p><p>8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.</p><p>9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.</p><p>THE COURT HAS NOT EXPRESSED ANY OPINIONS<br
/> REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS</p><p>10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.</p><p>INSTRUCTIONS TO CLASS MEMBERS</p><p>11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.</p><p>OPT OUT OF CLASS ACTION LAWSUIT</p><p>12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt &#038; Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.</p><p>WHERE TO GO &#038; WHOM TO CONTACT<br
/> SHOULD YOU NEED MORE INFORMATION</p><p>13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:</p><p>• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: <a
href=http://public-access.riverside.courts.ca.gov/OpenAccess>http://public-access.riverside.courts.ca.gov/OpenAccess</a>. You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.</p><p>• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:</p><p>John E. Tiedt &#038; Marc S. Hurd<br
/> Tiedt &#038; Hurd<br
/> 980 Montecito Drive, Suite 209<br
/> Corona, California 92879</p><p>Michael L. Cohen<br
/> Michael L. Cohen, a PLC<br
/> 707 Wilshire Blvd., Suite 4100<br
/> Los Angeles, California 90017</p><p>Ray Moore<br
/> Moore Winter McLennan LLP<br
/> 701 N. Brand Blvd., Suite 200<br
/> Glendale, California 92103-4232</p><p>If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.</p><p>There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.</p><p>DATE: ___________________________, 2009<br
/> ____________________________________<br
/> Hon. _________________________,<br
/> Presiding Judge</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/notice-of-pendency-of-class-action/6413/feed</wfw:commentRss> <slash:comments>1</slash:comments> </item> <item><title>Attention: Kimkins Class Action Lawsuit Certified, Former Members Are Automatically Included</title><link>http://livinlavidalowcarb.com/blog/attention-kimkins-class-action-lawsuit-certified-former-members-are-automatically-included/5292</link> <comments>http://livinlavidalowcarb.com/blog/attention-kimkins-class-action-lawsuit-certified-former-members-are-automatically-included/5292#comments</comments> <pubDate>Mon, 29 Jun 2009 18:41:57 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[1]]></category> <category><![CDATA[California]]></category> <category><![CDATA[class action]]></category> <category><![CDATA[court]]></category> <category><![CDATA[diet]]></category> <category><![CDATA[health]]></category> <category><![CDATA[Heidi Diaz]]></category> <category><![CDATA[John Tiedt]]></category> <category><![CDATA[Kimkins]]></category> <category><![CDATA[Kimmer]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[Riverside County Superior Court]]></category> <category><![CDATA[scam]]></category> <category><![CDATA[weight loss]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.com/blog/?p=5292</guid> <description><![CDATA[<p>Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice was proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.</p><p></p><p> Click on the images above to read the four-page class action [...]]]></description> <content:encoded><![CDATA[<p><b>Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice was proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.</b></p><p><a
href=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage1.jpg?t=1246298392><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage1-1.jpg?t=1246298265></a><a
href=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage2.jpg?t=1246298408><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage2-1.jpg?t=1246298309></a></p><p><a
href=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage3.jpg?t=1246298432><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage3-1.jpg?t=1246298326></a><a
href=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage4.jpg?t=1246298450><img
src=http://i574.photobucket.com/albums/ss187/livinlowcarbman/ProposedNoticePage4-1.jpg?t=1246298341></a><br
/> <i>Click on the images above to read the four-page class action notice</i></p><p>Just a quick update on the ongoing class action lawsuit against Heidi Kimberly Diaz and her Kimkins diet scam.  You&#8217;ll recall I told you about a desperate Diaz <a
href=http://livinlavidalowcarb.com/blog/?p=3377>firing her original attorney and filing for bankruptcy</a> back in January after being disgraced with the dubious distinction of being <a
href=http://livinlavidalowcarb.com/blog/?p=3183>awarded the &#8220;Worst Diet Product&#8221; of 2008 award</a>.  Things just aren&#8217;t looking too good for the Corona, California woman who is in a rather precarious position after the devious shenanigans she has attempted to pull off with this low-fat, low-carb, starvation diet scheme.  I&#8217;m dedicating an entire chapter of <a
href=http://livinlavidalowcarb.com/blog/?p=5200>my upcoming August 2009 book release <i>21 Life Lessons From Livin&#8217; La Vida Low-Carb</i></a> to the subject of avoiding people like Heidi Diaz who are lurking about online looking for victims to devour.</p><p>Basically this four-page document is to serve notice of the impending class action lawsuit against Diaz and is directed to <strong>&#8220;everyone who purchased a membership to Kimkins through the Kimkins web site from January 1, 2005 to October 15, 2007.&#8221;</strong> This is a REAL case that is set to take place on August 24, 2009 at 8:30AM PT in Riverside County Superior Court in Riverside, California.  Keep track of any updates on the hearing by visiting the <a
href=http://riverside.courts.ca.gov/rscban11.gif>official web site for the court</a>.</p><p>The class action certification was made on May 20, 2009 on behalf of the plaintiffs involved in the case against Heidi Diaz.  Their claim is that Diaz misrepresented what Kimkins was through &#8220;false and misleading information&#8221; and that this violates a California law which gives courts the license to &#8220;provide relief from unfair, unlawful, and fraudulent business practices.&#8221;  If you purchased a membership to Kimkins during the alloted dates, then you are automatically included as a member of the class and may be able to collect reimbursement for any subscription fees paid to Diaz and Kimkins for the &#8220;lifetime membership&#8221; she promised.</p><p>There are an estimated 40,000+ members of this class action lawsuit against Diaz and Kimkins, so please contact the attorneys for the plaintiffs in writing with any questions and be sure to include both your e-mail address and telephone number in your written correspondence:</p><p>John E. Tiedt &#038; Marc S. Hurd<br
/> Tiedt &#038; Hurd<br
/> 980 Montecito Drive, Suite 209<br
/> Corona, California  92879</p><p>Michael L. Cohen<br
/> Michael L. Cohen, a PLC<br
/> 707 Wilshire Blvd., Suite 4100<br
/> Los Angeles, California  90017</p><p>Ray Moore<br
/> Moore Winter McLennan LLP<br
/> 701 N. Brand Blvd., Suite 200<br
/> Glendale, California  92103-4232</p><p>For more information on the actual litigation involved in this class action lawsuit Case RIC483005 of <u>Fenderson v. Diaz</u>, please <a
href=http://public-access.riverside.courts.ca.gov/OpenAccess>CLICK HERE</a> and type in GUEST for the operator code with no password required and look up by the case number or name search.  We&#8217;ll continue to follow the developments in this story as they unfold.</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/attention-kimkins-class-action-lawsuit-certified-former-members-are-automatically-included/5292/feed</wfw:commentRss> <slash:comments>1</slash:comments> </item> <item><title>Kimkins Diet Scam Earns &#8216;Worst Product&#8217; Award For 2008, Class Action Lawsuit Commences January 14</title><link>http://livinlavidalowcarb.com/blog/kimkins-diet-scam-earns-worst-product-award-for-2008-class-action-lawsuit-commences-january-14/3183</link> <comments>http://livinlavidalowcarb.com/blog/kimkins-diet-scam-earns-worst-product-award-for-2008-class-action-lawsuit-commences-january-14/3183#comments</comments> <pubDate>Wed, 31 Dec 2008 18:26:59 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[1]]></category> <category><![CDATA[Christin Sherburne]]></category> <category><![CDATA[class action lawsuit]]></category> <category><![CDATA[court]]></category> <category><![CDATA[diet]]></category> <category><![CDATA[health]]></category> <category><![CDATA[Heidi Diaz]]></category> <category><![CDATA[interview]]></category> <category><![CDATA[Kimkins]]></category> <category><![CDATA[Kimmer]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[podcast]]></category> <category><![CDATA[scam]]></category> <category><![CDATA[SLAPP]]></category> <category><![CDATA[weight loss]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.com/blog/?p=3183</guid> <description><![CDATA[<p> Heidi Diaz a big winner in 2008 for having the &#8220;worst&#8221; diet product</p><p>I&#8217;m beginning work on a follow-up book to my 2005 debut book release Livin&#8217; La Vida Low-Carb: My Journey From Flabby Fat To Sensationally Skinny In One Year. While the first book was all about my 180-pound weight loss success and [...]]]></description> <content:encoded><![CDATA[<p><img
src=http://farm4.static.flickr.com/3265/3153267011_a0db33d938_o.jpg><br
/> <i>Heidi Diaz a big winner in 2008 for having the &#8220;worst&#8221; diet product</i></p><p>I&#8217;m beginning work on a follow-up book to my 2005 debut book release <a
href=http://www.booklocker.com/books/2183.html?s=123108post><i>Livin&#8217; La Vida Low-Carb: My Journey From Flabby Fat To Sensationally Skinny In One Year</i></a>.  While the first book was all about my 180-pound weight loss success and designed to inspire and motivate others who want to shed the pounds, restore their health, and get their life back again like I did, this next book will outline the many lessons I&#8217;ve learned over the course of the past five years of low-carb living and blogging.  One of the chapters of that book will be on the Kimkins diet scam.</p><p>After promoting this diet on my blog for months because it seemed to be helping people find their path to genuine weight loss, I realized thanks to the gentle nudge of some friends who delved deeply into the Kimkins plan that this was nothing more than a &#8220;starvation diet&#8221; that was encouraging lower and lower calories while cutting out the fat and the carbohydrates and promoting its members take laxatives (what was known as &#8220;the plan behind the plan&#8221;).  EEEEK!  This was so shocking to me that I <a
href=http://livinlavidalowcarb.com/blog/?p=1949>wrote an open apology to my readers</a> for exposing them to this dangerous diet scheme.</p><p>The architect of the Kimkins diet is none other than Heidi Kimberly Diaz (aka &#8220;Kimmer&#8221;) who claimed she lost nearly 200 pounds and maintained that weight loss for several years when I interviewed her in <a
href=http://www.thelivinlowcarbshow.com/jimmy-moores-interview-with-kimmer-from-kimkins-parts-3-4-and-5-episode-72/>a podcast show I conducted with her in July 2007</a>.  However, just a couple of months later, <a
href=http://www.slamboard.com/2007/09/05/surveillance-pics-of-heidi-diaz-kimmer-at-the-kimkinscom-post-office-box/>private investigator photos of Ms. Diaz</a> unveiled quite a different fact&#8211;she&#8217;s STILL a morbidly obese woman struggling to find a way to lose the weight, too.</p><p>Then we start hearing from <a
href=http://livinlavidalowcarb.com/blog/?p=2049>former Kimkins dieters who claim their health has been damaged from being on the diet</a>, including the famous &#8220;cover girl&#8221; for Kimkins who appeared on the front of <i>Woman&#8217;s World</i> magazine touting the diet in June 2007 <a
href=http://livinlavidalowcarb.com/blog/?p=2052>Christine Sherburne</a>.  Soon thereafter, the media starting picking up on this story, including <a
href=http://livinlavidalowcarb.com/blog/?p=2060>an investigative report named Chip Yost at KTLA-TV</a> in Los Angeles, a national segment on <a
href=http://livinlavidalowcarb.com/blog/?p=2121>FOX-TV&#8217;s &#8220;The Morning Show with Mike and Juliet&#8221;</a>, and even on <a
href=http://livinlavidalowcarb.com/blog/?p=2211>ABC-TV&#8217;s &#8220;Good Morning America.&#8221;</a> The word started to spread about this scam!</p><p>I interviewed several former prominent Kimkins members about their experience being on the diet, including <a
href=http://livinlavidalowcarb.com/blog/?p=2159>Jeannie Battinger</a>, <a
href=http://livinlavidalowcarb.com/blog/?p=2295>Amy Bryant</a>, and <a
href=http://livinlavidalowcarb.com/blog/?p=2451>Christin Sherburne</a> for their message to anyone foolish enough to still be considering going on the Kimkins diet.  Even <i>Woman&#8217;s World</i> magazine couldn&#8217;t remain silent about the scam <a
href=http://livinlavidalowcarb.com/blog/?p=2256>stating in February 2008 they can no longer stand behind their story about Diaz&#8217; disastrous diet</a>!</p><p>Going back through that July 2007 interview, I pulled all the lies she told me and <a
href=http://livinlavidalowcarb.com/blog/?p=2071>highlighted them in one podcast</a>.  She can&#8217;t get away with inflicting harm on innocent new victims which is why I submitted an affidavit in the lawsuit against Heidi Diaz certifying the interview was legitimate.   She is gonna be so busted since she claims she doesn&#8217;t recall doing an interview with me.  Riiiiiiiiiiggggghhhht!</p><p>But as we begin 2009, Heidi Diaz is unfortunately still alive and doing well in the diet business&#8230;but that could be changing very soon for two reasons.</p><p>First, the gig is in on the Kimkins diet and the <a
href=http://www.healthyweightnetwork.com/fraud.htm>Healthy Weight Network named it the Worst Diet Product of 2008</a> in their 20th Annual Slim Chance Awards.</p><p>Here&#8217;s what they wrote about the dubious &#8220;winner&#8221;:</p><p><i>It must have seemed an easy way to get rich quick. Founder Heidi “Kimmer” Diaz set up a website and charged members a fee to access the Kimkins diet, boasting they could lose up to 5 percent of their body weight in 10 days. “Better than gastric bypass,” there was “no faster diet,” and in fact she herself had lost 198# in 11 months. Stunning “after” photos were displayed. In June 2007 Women&#8217;s World ran it as a cover story, and that month alone PayPal records show the Kimkins site took in over $1.2 million. Then users began complaining of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. This was not surprising since Kimkins is essentially a starvation diet, down to 500 calories per day and deficient in many nutrients (shockingly, laxatives are advised to replace the missing fiber). In a lawsuit, 11 former members are uncovering a vast record of Diez’s alleged fraud. They found that the stunning “after” photos, including one of Kimmer herself, had been lifted from a Russian mail order bride site. According to a deposition reported by Los Angeles TV station KTLA, Diaz admitted using fake pictures, fake stories and fake IDs, and a judge has allowed the litigants to freeze some of her assets.</i></p><p>The other reason Heidi Diaz and her Kimpire is is big trouble is the class action lawsuit waged against her by former Kimkins members who were harmed by the diet is set for a court hearing on Wednesday, January 14, 2009.  The plaintiff&#8217;s motion for class certification action by Jeanessa Fenderson led by chief counsel John Tiedt is on the court docket in Riverside Superior Court in California.  To make matters worse for &#8220;The Kimmer,&#8221; Diaz&#8217; attorney Bert Kottle was suddenly dropped three days before Christmas leaving her to defend herself against Tiedt and company in two weeks.  She may be a lot of things, but legal counsel isn&#8217;t one of them for Heidi Diaz!</p><p>You can access the progress of the class action lawsuit against Heidi Diaz and Kimkins by <a
href=http://public-access.riverside.courts.ca.gov/OpenAccess/CIVIL/>clicking here</a> and entering the case number RIC483005.  She has even gone so far as to <a
href=http://www.2medusa.com/2008/09/heidi-diaz-files-cross-complaint-in.html>file a cross-complaint lawsuit against the members of the class action suit</a> against her as well as others, including myself, allegedly for inflicting economic damage, slander and libel, invasion of privacy, civil conspiracy, and inflicting intentional emotional distress&#8211;all worthy of &#8220;damages&#8221; totaling in excess of $1 million.  Hilarious, isn&#8217;t it?</p><p>Although this &#8220;SLAPP&#8221; lawsuit was filed with the court on September 24, 2008, I&#8217;ve yet to be served with any papers in this bogus counter lawsuit.  I don&#8217;t even know why she&#8217;s suing me and people like Tom Roddy from <a
href=http://www.netrition.com/cgi/goto.cgi?url=2657>Netrition</a> since we are not a part of the class action lawsuit against her.  The arrogance of this woman to think she can get away with inflicting harm on others without any consequences is about to come to a humbling end for her in the very near future.  Thanks for the memories, Heidi!  NOT!</p><p>Read more about the ongoing Kimkins saga at <a
href=http://lowcarbdiets.about.com/b/2008/12/30/kimkins-diet-update-2.htm>Laura Dolson&#8217;s About.com Low-Carb Diets site</a> or see Jamie Van Eaton&#8217;s fabulous <a
href=http://cleochatra.blogspot.com/2008/12/2008-kimkins-year-in-review.html>year in review post</a> detailing all that happened in 2008.  The end is drawing near and it&#8217;s not too late to keep yourself from becoming ensnared by this evildoer who wouldn&#8217;t know how to lose weight and get healthy if it hit her upside the head like a ton of bricks!  The only place Heidi Diaz deserves to be in behind bars.  The sooner, the better.</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/kimkins-diet-scam-earns-worst-product-award-for-2008-class-action-lawsuit-commences-january-14/3183/feed</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item><title>The Real COOKIE DIET Doctor Exonerated, Shares Samples Of Famous Weight Loss Cookies</title><link>http://livinlavidalowcarb.com/blog/the-real-cookie-diet-doctor-exonerated-shares-samples-of-famous-weight-loss-cookies/1966</link> <comments>http://livinlavidalowcarb.com/blog/the-real-cookie-diet-doctor-exonerated-shares-samples-of-famous-weight-loss-cookies/1966#comments</comments> <pubDate>Mon, 06 Aug 2007 21:51:00 +0000</pubDate> <dc:creator>Jimmy Moore</dc:creator> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Cookie Diet]]></category> <category><![CDATA[cookies]]></category> <category><![CDATA[diet]]></category> <category><![CDATA[lawsuit]]></category> <category><![CDATA[low-carb]]></category> <category><![CDATA[Matthew Siegal]]></category> <category><![CDATA[Sanford Siegal]]></category> <category><![CDATA[weight loss]]></category> <guid
isPermaLink="false">http://livinlavidalowcarb.wordpress.com/2007/08/06/the-real-cookie-diet-doctor-exonerated-shares-samples-of-famous-weight-loss-cookies/</guid> <description><![CDATA[<p>Over a half million people have gone on the COOKIE DIET™ to lose weight</p><p>You&#8217;ve probably seen the ads like the one above while you have been surfing around the Internet about this new diet plan that claims you can eat cookies to lose weight. It&#8217;s called the Dr. Sanford Siegal&#8217;s COOKIE DIET™ and it [...]]]></description> <content:encoded><![CDATA[<p><a
href="http://www.anrdoezrs.net/click-2158954-10481662" target="_top"><br
/><img
src="http://www.ftjcfx.com/image-2158954-10481662" width="300" height="250" alt="Dr. Sanford Siegal's COOKIE DIET™"></a><br
/><i>Over a half million people have gone on the COOKIE DIET™ to lose weight</i></p><p>You&#8217;ve probably seen the ads like the one above while you have been surfing around the Internet about this new diet plan that claims you can eat cookies to lose weight.  It&#8217;s called the <a
href="http://www.anrdoezrs.net/click-2158954-10481662" target="_top">Dr. Sanford Siegal&#8217;s COOKIE DIET™</a> and it has seen phenomenal early success in a national marketing campaign that has far exceeded the expectations of most market analysts within the diet industry.</p><p>Actually, I <a
href="http://livinlavidalocarb.blogspot.com/2005/09/dont-lose-your-cookies-with-this.html">first blogged about the COOKIE DIET™ two years ago</a> when this rather unique weight loss plan caught my attention for the first time.  My initial reaction was one of incredulity that a diet based on cookies could be any help at all to those seeking to lose weight and get healthy.</p><p>My biggest concern was the fact that people had no idea what was in these mysterious cookies that were supposed to be &#8220;nutritious, filling, hunger-suppressing.&#8221;  That bothered me along with several other questions at the time.  So I decided to contact Siegal Weight Management for myself to get the answers I was looking for.</p><p>Unfortunately, <a
href="http://livinlavidalocarb.blogspot.com/2005/09/cookie-diet-doctor-avoids-answering.html">the response was quite cold</a> from a man purporting to be the COOKIE DIET™ doctor named Dr. Scott Greenburg.  He gave me the most apathetic and cranky responses to my concerns accusing me of spreading &#8220;misinformation&#8221; about HIS diet citing seven &#8220;facts&#8221; where he felt I got it wrong about his program.</p><p>Again, I was simply asking him to answer some simple questions, but he instead chose to evade my quest for information about the ingredients in the cookies, the sugar content, total carbohydrates, protein, and fiber, etc.  His snotty response was that &#8220;anyone who calls our office can have access&#8221; to this information.</p><p>So I needed to call him rather than e-mail him, eh?  This dude is a real piece of work!  The telling sign to me that he was trying to hide something was when I asked for a sample of the cookies to tell my blog readers about how they taste.</p><p><i>&#8220;We do not mail samples of cookies for you to taste,&#8221; Dr. Greenberg declared.</i></p><p>I was left perplexed and confused about why this man trying to promote a diet based on cookies would be so belligerent towards someone like me who simply had a few legitimate questions and concerns about this unorthodox diet plan.  At that point, I totally dropped it and moved on.</p><p>But then a couple of months ago, I received correspondence from Matthew Siegal, President and CEO of Dr. Siegal&#8217;s Direct Nutritionals, LLC who wanted to apologize for the way his company was represented to me back in 2005.</p><p><i>&#8220;Dr. Scott Greenberg is not the &#8220;Cookie Diet Doctor,&#8221; Siegal explained.  &#8220;Dr. Greenberg had nothing to do with the creation of the Cookie Diet; he was merely an employee of a former sub-franchisee (called Smart For Life) of Dr. Sanford Siegal who created the Cookie Diet in 1975.&#8221;</i></p><p>Siegal went on to explain that the business relationship with this former franchisee had ended in 2006, although the REAL Cookie Diet Doctor had to take the matter to court to have them stop using his trademarked names.  A <a
href="http://www.prweb.com/releases/cookie-diet/siegalweightloss/prweb540292.htm">federal court recently ruled in Dr. Sanford Siegal&#8217;s favor</a> and completely exonerated his good name in the process.</p><p>Additionally, Siegal was kind enough to send me some samples of his cookies to try for myself and examine the nutritional content as I had originally requested in 2005.  In other words, there was nothing but respect for my request and I appreciated the gesture since I merely wanted the truth to be shared about these cookies.</p><p>For the record, I have now tried these cookies in the COOKIE DIET™and read the full list of ingredients and nutritional label.  Although they are indeed very delicious (especially the banana&#8211;LOVED &#8216;EM!), moist, and hunger-satisfying cookies, I cannot recommend these to people who are losing weight on livin&#8217; la vida low-carb because the carb counts are much too high.</p><p>Here are the ingredients as found on the package of oatmeal raisin cookies:</p><p>WATER, GLYCERIN, WHOLE WHEAT FLOUR, CRISP RICE (RICE, SUGAR, SALT, MALT), OATS, SOYBEAN OIL, MICROCRYSTALLINE CELLULOSE, RAISINS, MILK PROTEIN, VINEGAR, MODIFIED PALM OIL, BROWN SUGAR, BEEF PROTEIN HYDROLYSATE, EGG WHITE SOLIDS, WHEY, CANE SUGAR, WHEAT FLOUR, LEAVENING (SODIUM BICARBONATE, SODIUM ACID PYROPHOSPHATE, CORNSTARCH, CALCIUM PHOSPHATE, CALCIUM SULFATE), WHEAT BRAN, ARTIFICIAL FLAVOR, SALT, CINNAMON, NUTMEG, FD &amp; C YELLOW #5, CALCIUM PROPIONATE (PRESERVATIVE).<br
/><b>ALLERGY WARNING: CONTAINS MILK, EGGS, SOY, AND WHEAT.</b></p><p>As for the nutritional label, here&#8217;s the pertinent information:</p><p>Serving Size: 1 cookie (24g)<br
/>Servings Per Container: 6 cookies<br
/>Calories: 90<br
/>Total Fat: 2.5g<br
/>Saturated Fat: 1g<br
/>Trans Fat: 0g<br
/>Cholesterol: 0mg<br
/>Sodium: 150mg<br
/>Total Carbohydrate: 11g<br
/>Dietary Fiber: 2g<br
/>Sugars: 2g<br
/>Protein: 5g</p><p>I was a bit surprised at how low the fiber and protein in these cookies were since they are supposed to ward off hunger.  There are many other sugar-free products out there with much higher protein and fiber to keep you satisfied for hours.</p><p>There was also a sample daily diet menu on the packaging to follow:</p><p><b>Consult your doctor before starting any diet.</b> Your doctor may have reasons why you should not be on a diet, or why one diet may be more appropriate for you than another.  Under his or her direction only, follow these or alternative steps as directed by your doctor:</p><p>1.  Eat six Dr. Siegal&#8217;s COOKIE DIET™ cookies a day, not at fixed times but when needed to control hunger.  Have one cookie and a glass of water and wait fifteen minutes.  If still hungry, eat a second cookie.  You should not need a third.</p><p>2.  In addition to six cookies (which provide about 500 calories), eat one reasonable dinner containing about 900 calories (or a different amount as directed by your doctor).</p><p>3.  To maintain flavor, this product is not fortified with vitamins or minerals. <b>IMPORTANT: You must take a multivitamin as prescribed by your doctor while using this product as part of a calorie-restricted diet.</b></p><p>4.  Drink about two quarts (8 glasses) of water or diet beverages every day.</p><p>So, it looks like this COOKIE DIET™ is in essence a low-calorie, portion-control diet.  If a low-carber were to follow this diet and count the net carbs in just six of these cookies, that would quickly add up to 54g with just the cookies.  That many carbs will kick you out of ketosis and the principles of low-carb living will not be in effect.</p><p>You may or may not lose weight this way, but I sure wouldn&#8217;t want to just have cookies for the rest of my life for breakfast, lunch, and snack.  However, I don&#8217;t see having one or two of these in low-carb maintenance every once in a while as a bad thing if you prefer not to eat high-sugar or artificially-sweetened cookies.</p><p>I&#8217;d like to publicly thank Matthew Siegal for his generosity in allowing me to review his company&#8217;s products openly and honestly.  He was a true gentleman and should not be judged based on the actions of those who previously misrepresented his company in the past.  I for one have a greater respect for this company today although I do not subscribe to the COOKIE DIET™ itself.</p><p>If you are interested in learning more about Dr. Sanford Siegal&#8217;s COOKIE DIET™ and think it might work for you, then <a
href="http://www.anrdoezrs.net/click-2158954-10481662" target="_top">visit their web site</a> and check it out for yourself.</p> ]]></content:encoded> <wfw:commentRss>http://livinlavidalowcarb.com/blog/the-real-cookie-diet-doctor-exonerated-shares-samples-of-famous-weight-loss-cookies/1966/feed</wfw:commentRss> <slash:comments>0</slash:comments> </item> </channel> </rss>
