John Tiedt’s Statement on Kimkins verdict

To all Ducks Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz. Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website. An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010. The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you. John E. Tiedt TIEDT & HURD

Calling All former Kimkins members from San Diego County

If you are a former Kimkins member and you reside in San Diego County, John Tiedt would appreciate hearing from you at your earliest convenience.

Please email John or use the Contact Us form on his website.

If you know of any former Kimkins members in San Diego County, please be sure to let them know that John Tiedt is looking for their assistance.

Everyone can help by spreading the word.

Thank you very much for your help.

~*~*~*~

For those who may not already know, John Tiedt is the lawyer handling the Kimkins Class Action Lawsuit.

I do hope that all former Kimkins members will consider joining the Kimkins Class Action Lawsuit, if you have not already done so. There is strength in numbers.

If you have already joined the Lawsuit via email, please be sure that you get your affidavit to John as soon as possible.

Remember, if you need any help with completing this, be sure to watch the helpful video.

Thank you!

In Heidi’s Own Words

With all the sad news of continued support of low calorie starvation eating at Kimkins. We already know how nutritionally bankrupt the diet is. But is it a diet or an eating disorder? I thought you might like to revisit what Heidi feels about ED.

Low Calories/Pro Ana

We are low calorie after ketosis kicks in or with the shake option, but those calories are identical to post-WLS patients (500 cal a day for months), original Optifast and Medifast (450-700 cal a day for months).

I don’t know what WLS program Heidi used. But no reputable surgeon recommends 500cals/day. WLS programs are geared to be lower calorie at first, 1000 cals/day. That only lasts for a few months as your pouch heals. The big difference in these programs and Heidi’s is:

SHE”S NOT A DOCTOR.

SHE HAS NO LICENSE TO PRACTICE MEDICINE.

The same applies to the Medifast or other liquid diets. You are supervised very closely by a doctor. Not some woman sitting behind a computer screen on a big power trip.

I don’t think we can fight the “1200 calorie a day mentality”. Some people cannot understand that your body takes the calories it needs from body fat if the calories you eat are too low to sustain current weight. If you need 2500 calories (250 lb person) and eat 500 (number picked for easy math), the other 2000 are taken from body fat.

This is just stupid. Elle did a good job of debunking this myth.

In Jimmy’s interview I meant what I said about take a Weight Watcher or Jenny Craig meal and remove the starches. What’s left? Kimkins. There is no health advantage to adding carbs or extra fat, so why is removing them (and having less calories) dangerous? 1200 calories a day is an arbitrary number (like 8 glasses of water).

Once again, Heidi is just plain wrong. Fats are the key to good health. there are many benefits to eating fat. Here are some good articles:

• Why Low-Carb Diets Must Be High-Fat
• The Importance of Saturated Fats for Biological Functions
• The Skinny on Fats
• Fats and Oils and Their Impact on Health

Anorexia is a psychological disorder. Do we have people with ED on Kimkins? Of course. I weighed 318 pounds and you don’t get that big without an improper relationship with food so I have an ED. But low calories aren’t an ED, otherwise all of the WLS patients would be medically classified anorexic.

What if regular Kimkins changes guidelines from 0-20 carbs to 10-20 carbs and 0-3 cups to 2-3 cups List 1? Then again, I’m stuck with what to do when you’re not hungry. Forced eating sounds ED to me. I’ll find someone I trust to make a Recommended Supplements list.

Just a reminder of some info on what an eating disorder is:

While eating disorders may begin with preoccupations with food and weight, they are most often about much more than food.

Eating disorders are complex conditions that arise from a combination of long-standing behavioral, emotional, psychological, interpersonal, and social factors. Scientists and researchers are still learning about the underlying causes of these emotionally and physically damaging conditions. We do know, however, about some of the general issues that can contribute to the development of eating disorders.

People with eating disorders often use food and the control of food in an attempt to compensate for feelings and emotions that may otherwise seem over-whelming. For some, dieting, binging, and purging may begin as a way to cope with painful emotions and to feel in control of one’s life, but ultimately, these behaviors will damage a person’s physical and emotional health, self-esteem, and sense of competence and control.

ED are behaviors. It’s not about the food or the calories. It is all about your thinking. Heidi and her minions all preach that nothing tastes as good as thin feels. That in itself is an ED. Period.

If we make changes it will be announced with the Maintenance Plan (which will be a work in progress from member feedback). The announcement will be general and not in response to any outside pressure.

At least in this aspect Heidi has been true to her word. The maintenance plan is still ongoing with her asking members for advice. She couldn’t come up with a maintenance plan on her own, so she is having members do it for her. Color me shocked….

She couldn’t even come up with a diet of her own, so she stole Stillman’s.

Kimkins Trickle Down Theory of Weight Loss

This is from “Just Ducky” , Kimkins Exposed, August 24, 2007:

With Kimmer a tad busy, it seems members are jumping in to offer advice to each other. This might be a good thing if the starvation concepts advanced by Kimmer didn’t seep down deep into those following the diet.

A member recently asked for help on the Ask Kimmer thread:

…stayed on the diet for five days and not lost a pound so I gave up. Hard to stick to something that is not working for me….eveny just a 1/2 pound would have been nice. My fit day is public so if anyone wants to look at it, feel free. I hope someone can help and maybe I will feel excited about starting again. Thanks to anyone who will try…

After someone suggested a public fitday to review, the member complied, and sure enough, other members were at the ready to give advice.

Before we look at the advice, the member’s fitday clearly shows that

8/13
518 calories
13 grams carbohydrate

8/14

938 calories
16 grams carbohydrate

8/15
608 calories
18 grams carbohydrate

8/16
488 calories
19 grams carbohydrate

8/17
254 calories
6 grams carbohydrate

Guess what advice they received?

You use a lot of cream – this might satisfy your coffee with cream in the morning – it does mine!

Please review the veggies you’re eating with the Kimkins Grocery list. When I started I counted the carbs and stayed under 20 per day – I now stay under 10 per day.

Hope this helps!

The plan works – now you have to work the plan.

Then there was this gem:

I’m not Kimmer either but and no where near my goal but your veggies are too high. You can only have 2 cups of the list one and 1 cup of list two or 3 cups of list one. You show you’ve gone over on most days. Also, no regular creamer if that’s the kind you’re using. Drizz has good advice too. Also, there were a couple of days you didn’t list…..so not sure if you went over on those days or just didn’t write stuff down. Beef also stalls me terribly, which is a shame because I love beef and can only tolerate the rest of the choice.

If you go back to the food list and really follow it, I think you’ll find you’ll do just great. Please hang in there, you are so worth it!

Notice no one said anything about the erratic and very low calorie intake? With a five day calorie average hovering around 500 calories, the problem is too many vegetables and cream, even though this member is remaining within the 20 grams of carbohydrate supposedly allowed on the diet?

Yes, what we see here is the trickle down theory of Kimkins weight loss advice.

Sad isn’t it. Yet this is still the practice over at Kimkins. You know, I think I have a better title for this post.

S*** RUNS DOWNHILL

Kimkins Scam
Join Us, Say “NO” to Kimkins
WildAngel6 Daily Links
Back Across The Line
Kimkins Class Action Lawsuit
Kimkins Diet Review

Kimkins—Too Good To Be True

From Just Ducky—

Consider the cunning words chosen by Kimmer to persuade visitors to her homepage her diet is better than all the rest:

Millions of overweight people think fast, permanent weight loss is completely out of their reach. They’ve been told their entire lives they should be happy with slow 1-2 lb a week weight loss. How depressing and untrue! What if I told you that you could lose weight at turbo speed? Experience natural appetite suppression? Would you be interested?

Don’t worry! No awful prepackaged foods. Forget about diet pills or risky surgery. The plan I’m talking about is all natural with everyday food.

It’s called Kimkins and was developed by me, Kimmer, in 2000 when I weighed a morbidly obese 318 pounds! In less than a year I lost 198 pounds and kept it off!

Are you getting excited yet? You should be!

…

Sure, there are other popular diets out there like Weight Watchers, Atkins, Nutrisystem, Jenny Craig and South Beach, but they only work up to a point before you quit in frustration with the slow weight loss and complicated rules. But not Kimkins!

…

So what do you think? Are you ready to experience for yourself what Kimkins can do for you? Now it’s your chance to be a weight loss success story!

Persuasive!

But, the big question is, is it true?

Those with any knowledge of just what the diet consists of know it is nothing but a vLCD. Read on for Ducky’s take:

The underlying implication is that Kimkins is the best way to resolve what is one of our nation’s most serious health problems, obesity; faster than any other weight loss program.

If this were true, there would be a persuasive arguement using supportive evidence and endorsements from healthcare professionals.

The site and ‘Kimmer’ cite no supporting evidence, have no researchers or healthcare professionals to endorse her plan, and no one recommeding it as a healthful way to lose weight from within the medical or scientific community.

In both the pages which are publicly available, and those accessible by logging in, she carefully avoids any reference to hundreds of scientific studies published during the last three decades; all of which contradict her position. She could not pull even a single useful quote supportive of her diet, so the use of research is completely avoided.

Instead she relies on the trustfulness of those desperate to lose weight; she sets the stage for blind faith by not encouraging anyone to review evidence or to ask hard questions. In fact you will not be allowed to demand scientific evidence that her diet has merit or health benefit if you do join.

Such questioning is simply not tolerated.The claims made should make anyone suspicious, even those who have barely scraped through high school biology. Kimmer goes well beyond that level and not only implies her experience overrides scientific data, but even asserts that her plan is suitable for anyone, including all diabetics. [Exceptions in the site disclaimer include pregnant and lactating women and those with impaired kidney function]

Kimmer effectively shoves aside decades of published, controlled, randomized clinical trials comparing caloric intakes, macronutrient ratios, weight loss and risks associated with severe calorie restriction. Her justification for this omission is that she claims she culled out the ‘best of’ from Dr. Robert C. Atkins and Dr. Irwin Maxwell Stillman, both physicians and authors of popular diets.

But that’s nothing but sheer nihilism. Good recommendations are based on science, they’re cautious and skeptical, not permanently fixed based on an ‘n of 1’ proposition that ignores the fact that there is considerable evidence against Kimkins-like very low calorie diets being followed by free-living medically unsupervised individuals.

In fact, the evidence against using such an approach to losing weight is crushing in its abundance. By circumventing this mass of peer-reviewed literature readily open to public scrutiny in libraries and online, Kimmer insists you accept her personal experience, an experience which remains unverified.

It’s her word and you’re expected to take it and swallow it as if it were fact.

You are expected to accept without question the veracity of her statements, assertions or claims.

You are expected to look the other way and not seek data in your decision.

You are expected to buy into her claims and website with only your desire to believe that there is a diet that will work better than anything else out there today.

Like any other ‘fast weight loss’ scam, it’s no different in the claims made, no different in the emotional buttons Kimmer tries to hit in you.

But, unlike other diet plans sold to the overweight and obese, Kimkins comes with the added potential to maim or kill the unsuspecting and desperate who are ready to do anything to lose weight.

Don’t fall for the clever, crafty message! You’re smarter than that!

This was posted on July 31, 2007. The only thing I changed was to add some links into the post. The words are still Ducky’s.

Even though this is from way back in July. The message still rings true today. Heidi’s tactics remain the same. Her message remains the same. The diet is just as deadly and her lies are just as prevalent. Then again she is…..

Big-Boned, Diabolical, Quasi-Diabetic, Lint Licking, Lying, Liar that Lies

Just Ducky

Let me reintroduce you to “Just Ducky“. This persona came on the Kimkins scene way back when Jimmy Moore was gung-ho about Kimkins. That blog no longer exists but man did they really lay in to old Jimmy. It was nothing compared to the things that were dug up once they focused on Heidi.

You will notice I refer to Ducky as “they”. Because it is “they”. The handle has morphed over time to be just one person. Just look back at their introductory post:

We are a group of concerned individuals, working together under the collective pen-name ‘Just Ducky’.

When it came to Ducky’s tactics, either people loved or hated them. Many accused them of going too far. They were accused often of being completely over the top. We disagree. They reported facts. As was their stated purpose in their opening post.

With no illusion of grandeur, we share what we know and then write & publish here without any compensation or support from outside sources. There is no grand conspiracy, there is no organized attack, there is no naked or wrinkled Oz behind the curtain.

No, here we simply lay out the facts and leave it to you, our intelligent readers, to understand the danger that is the Kimkins Diet.

Even the most gifted writers have a biased slant to their writings. Ducky’s was no different. It is hard NOT to let your personal feelings show through in your writings. Yet the facts are still there.
Their blog had it’s humble beginnings on July 28, 2007. They were an overnight success. Reporting 5000+ visitors with that first post. They ran full steam right up until the “red dress pic” was found. Introducing “Kimmer”, October 6, 2007 was their last update to the blog.

What happened? Where did they go? Was it burnout? Did they feel like so many others? Did they think that it is in the hands of the courts now, so the job is finished? We will probably never know unless they decide to come back on the scene.

We will be revisiting many of Ducky’s old posts. New comers to the Kimkins saga need to see just how we got to where we are today. Also many of those who have followed this from the very beginning have forgotten much of the info found on Ducky’s blog. We think it’s time to refresh their memory.

So stay tuned, as we sift through and re-explore “Kimkins Exposed“.

Ducky,

If any of you are reading this post, you need to remember this. Heidi still has unsuspecting people signing up everyday. Just take note in the court papers how much money was taken in AFTER the “red dress pic” was found. So hear our plea for help to continue the fight.

WE AIN’T DONE YET