First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Atkins diet protected by First Amendment, judge rules

By The Associated Press
12.12.06

NEW YORK — The Atkins diet is protected by the First Amendment against the claims of a Florida man who said the low-carbohydrate meal plan was dangerous and to blame for his heart troubles, a federal judge ruled yesterday.

U.S. District Judge Denny Chin made the finding as he tossed a lawsuit in which Jody Gorran, of Delray Beach, Fla., claimed his cholesterol level shot up from 146 six months before he began the diet to 230 afterward, leading to severe chest pain and an angioplasty treatment.

Gorran, a wealthy businessman, wanted the judge to order warning labels be put on the Atkins books and other related merchandise, similar to health warnings on  cigarettes.

The judge said a book about the diet was not an advertisement for products but rather was a guide to leading a controlled-carbohydrate life.

Besides, he noted, Gorran admitted he had consumed large amounts of pastrami and cheesecake, foods the average consumer expects may increase cholesterol levels and the risk of heart disease.

The judge in Manhattan said in a footnote that he had had success with his own "much simpler diet, which can be described in four words: Run more, eat less."

In his lawsuit, Gorran, 56, sought unspecified damages, accusing Atkins Nutritionals Inc. and Paul D. Wolf, co-executor of the estate of Dr. Robert C. Atkins, of products liability, negligent misrepresentation and deceptive conduct.

Gorran, reached by telephone in Florida, called the ruling "an outrageous decision" and said he looked forward to an appeal. He said he was not after money.

"We wanted to set a precedent that manufacturers could not simply hide behind the First Amendment and lie to the public when they're making a buck off that speech," he said.

Gorran said he considered his health to be excellent since he quit the diet, which he had followed between May 2001 and October 2003.

A lawyer for the Physicians Committee for Responsible Medicine, which represented Gorran, said he expected to file an appeal within days.

"Obviously we're very disappointed," attorney Daniel Kinburn said. "We think it's a real blow to consumers."

Gorran said the Atkins system, calling for a high-fat, high-protein, low-carbohydrate diet, is dangerous because it increases the risk of coronary heart disease, diabetes, stroke and certain types of cancer.

Lawyers for the Atkins company did not return a telephone call seeking comment.

The judge wrote that Gorran's claims were without merit because the company's books and food products are not defective or dangerous within the meaning of product-liability law and the Atkins diet merely consisted of advice and ideas.

"The concepts may be controversial and the subject of criticism, but they are protected by the First Amendment," he said.

The Atkins diet calls for restricting carbohydrates to achieve weight loss before gradually adding them back in. However, many people who say they're following the diet actually eat large amounts of protein and fat.

Before ruling, the judge said, he read passages of the 1999 and 2002 editions of Dr. Atkins' New Diet Revolution, which explains the diet Atkins conceived of in the 1970s and the belief that it is safe for everyone, regardless of the amount of high-fat food the dieter consumes.

Chin said Atkins acknowledged in his book that risk factors for heart disease can worsen for some "fat-sensitive" people who follow the diet but that medical reports suggest that fewer than one person in three falls into that category.


Related

Advertising & First Amendment overview



News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Saturday, November 21, 2009 | 13:54:25
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links