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

Kimkins Member Wants Proof

There has been an interesting exchange going on in the comments section. I want to pull them up in a post for all to see.

Costa says:

Not all of the people on that site are bad, there is one that you have claimed to be a bad person…but the rest of the people on there are people just like you and me. They have families, and jobs. And care about each other, if you would post the majority of the threads you would see that, even kimmer will type inspirational comments to people. She is a very small part of Kimkins, so please get a life…and a job. This probly doesn’t pay you very well, does it?

From A look back…., 2008/04/20 at 4:20 PM

2big4mysize says:

costa
you are missing the big picture. The kimkins.com site is about the nutritionally dangerous eating plan created by Kimmer sold by kimmer, falsely sold by kimmer based on her 198 pound weight loss and the over 34 fake success stories using before and after pic from the russian bridal sites, and now being supported by folk like you.

One would not say the position of the Skinheads nor the KKK is but a small part of those groups even thought the folk who are members have families and jobs and care a lot about their fellow skinheads or KKK members. The same applies to any group that is put together to harm folk. and the EDs and health issues from following a nutritionally bankrupt diet plan do harm folk.

From A look back…., 2008/04/21 at 12:23 PM

Costa says:

Very strange, I posted a reply and it was not listed on here, hummmm????
Anyway, my membership was based on the Kimkins members who are no longer on the site. Not on Kimmer.
And also, speaking of groups such as KKK or skinheads, or Anti KK groups or Kimkins members…are the Anti KK’s out to harm people? I do believe that the KKK and Skinheads are totally different than the Kimkins or Anti KK groups, so not a good comparison, sorry.
I want stats, I want documentation, I want to see cases of illnesses that have been caused solely on the bases of the Kimkins way of eating, not genetics or hereditary conditions that were worsened…I want facts, people keep saying it is dangerous, but no one says why and what has happened to them on this diet other than wt loss, and one person with palpitations..I got those with my “change of life”. If you want to make a point to all current Kimkins members, that you need to post actual things that actual people have faced. Something that will make us think, rather than “its an unhealthy way of eating”, this just makes me defensive.

Costa—if you left a post it gets put up right then. I do not moderate posts on this blog. The spam catcher will pull posts with too many links in them. When you hit that submit button–it will show immediately if you don’t see it, it did not take. If it gets sent to moderation for whatever reason, it will say specifically awaiting moderation.—-BG

From A look back…., 2008/04/22 at 6:41 PM

2big4mysize says:

I have no idea where your post went. I didn’t see it though.

Actually my analogy is fine. ASny group you would not feel comfortable being a part of can be used for making the comparison I could have said replubicans and democrates since this is an election yr. The point is the site sells a dangerous nutrtionally bankrupt plan and just cause members got families and friends doesn’t mean the site is okay to hang out on since by being a member of a group your approval of the purpose of the group is inferred. the purpose of the kimkins.con site is to promote the diet. By being a member and posting about losing weight following the plan you are also helping to sell the plan to new folk.

Have you sat down with your doctor and discussed the portion sizes of the veggies fats and proteins? have you discussed the lack of exercise? the lack of calories? Have you discussed the plan as written by Kimmer with a nutrtionist even a low carb following nutrtionist who understands ketosis? They can explain to you what ailments you will be facing from doing Kimkins.

did Kimmer commision a study on the health effects of her eating plan? Nope so I doubt you will see any documentation of all the problems following the plan will cause, but you can read the stories of over 100 former KK followers who had health realated issues after doing the plan on the Kimkins survivors site.

Costa the human body has a need daily for fats. Certain types of fats are not stored in fat cells nor can the human body manufactor them so they like essential amino acids must be consumed daily. There are no warnings on the Kimkins.con site the plan being too low in those. Certain vitamins are called fat soluble because they can only be disolved in fats and the human body will only absorb them if fats are present in the diet in amounts needed for their absorption.
Since any posts about this type of info gets deleted on kimkins.con site new folk and those who were not on site reading the topic it was posted in before it got deleted never learn from the kimkins.con site about this. you can swallow all the mulit-VPs you want but without fats in the diet those vits will not be absorbed.
I discussed with Tippy Toes the health issues of eating the plan on my blog 2big4mysize.wordpress.com if you want to check some of them out or you could do a little research into a conditon called rabbit starvation, and the effects of low carb low cal on thyroids as studied by Brohda Barnes to get your started on the negative health aspects of following the kimkins plan.

From A look back…., 2008/04/22 at 7:23 PM

Costa says:

I did look into your site, and to the site Kimkins survivors, but did not read them all. I was mainly seeing slams and that distracts from any harmful or helpful as you would say, information. I have the “want” to this information, but without all of the negative. I do feel that if they have all of this info, and the way it is said they have enough to shut this site down, these blogs to pull more people in are really not needed. If there are health issues, and people are dying, this should be top priority, and should be shut down. What is the hold up? That also makes me wonder about the information thats out there. If it is so dangerous, why can’t they shut it down, or freeze it so no new members can join? Maybe some of the stories that you have read aren’t all due to Kimkins, ??

From A look back…., 2008/04/23 at 4:08 AM

2big4mysize says:

the wheels of justice move slowly, but the FCC, and CA AJ are investigating as are other agencies so it will get shut down BUT in the mean time the blogs get placed on the search engines so somebody looking for information on Kimkins will not get sucked into the kimpire without seeing any information about the dangers of the diet as over 30,000 were in June of 07 after the only info out there was affiliates and kimkins.con
Have you looked into the EFAs missing from the diet as written? have you looked at the need for dietary fats? Have you discussed the kimkins plan with your doctor in detail and not saying I’m eating lean proteins and low carb veggies, but with the actual serving sizes of those veggies and limited amounts and the fact use of fats is discouraged? Has Kimmer stopped advocating the use of salad spritzers as the dressing of choice? Is she now saying to use nontransfats in your cooking? or is she still saying use a spray of Pam? I noticed she did add a serving of dairy with the nonfat yogurt but again the fats are missing.

Has Kimmer ever had a dietician or nutrtionist endorse her plan on the site? I sure have never seen anything close.

Dr Mark last fall was posting stuff for folk to eat that was not allowed on the diet in his nutrtion recommendations.

So if it takes the bloggers and the FWK topic to inform folk about the dangers and keep them from becoming the next victim on the survivor page until Kimkins.con becomes a 404 error page then we will just have to keep posting information about her and the plan.

From A look back…., 2008/04/23 at 4:06 PM

Costa says:

I take it you are a professional, and I want you to tell me as a Dr what I will experience, healthwise in the near future. No I did not tell my Dr details, I told him of a great number of lbs lost in a very short amount of time and my concern that it may have an effect on my heart, and that I lost it eating an extremely low amount of carbs, my exact words. He had no concern and didn’t feel the need to know more, he has been my dr since I was a child, I do trust him an feel he would have been alarmed if he felt the need. Small community and close relationships with everyone. And I openly would have told him everything that I’ve eaten or not eaten.
And I used the spray Pam prior to Kimkins, so why not use it on plan as well? And salad spritzer, I use on occasion, but prefer good ole Ranch, fork dipped of course, and that is wrong?
Kimmer is no more of a specialist than you or I, and the advice should not be unhealthy, but I prefer to leave it up to the professionals and you should too.
If it is meant to be the site will be shut down, or closed to new members till this suit is settled. But until then there will continue to be new members regardless of what these blogs post….as they also feel the way I do, show me something in stone, or shut the site down, if you can’t do that than maybe you don’t have accurate info to do either

From A look back…., 2008/04/23 at 5:59 PM

Who wants to respond to Costa????

Your turn…..

A look back….

The TRUTH has shared some old pm’s from inside the Kimpire. They a disturbing to say the least.

Heidi once again proves what a complete unqualified person she is.

For those Kimkins members who might read those posts, I want to make 2 things very clear:

  1. Search any pro-ana site and you will find the very same comments being shared.
  2. The thing with the laxatives. You have to put something in to get something out.

This is the Heidi that got me involved in this. I started to do a complete rundown on what is wrong with her posts. Decided to do the condensed version instead.

HEIDI IS NOT QUALIFIED TO GIVE ADVICE.

SHE DOESN’T KNOW WHAT THE HELL SHE IS TALKING ABOUT.

NEVER BELIEVE ANYTHING SHE POSTS.

I’ll leave you with this quote:

Those who cannot learn from history are doomed to repeat it.

George Santayana

Still time to Join the Lawsuit

There is still plenty of time to add your name to the lawsuit. Here is a helpful video to explain how to join.

When reading news accounts about the Class Action Lawsuit many people get confused. They see the reports that say 8-11 number of people are involved in the case. Just to clarify for everyone. When a class action suit is filed, only a small portion are listed on the actual court documents. To the layperson reading them it looks as if just a few are involved.

You just have to realize they are just representatives of the whole class. They couldn’t very well refile each time someone else joins the suit.

If you have put off joining the suit because of this misconception, take the time to get you papers done to add your name to the MANY actually on file.

Insider Exclusive–Kimkins Diet Scam

The Exclusive Stories Behind The Headlines

Headline Legal News – Kimkins Diet Scam

VIEW ONLINE VIDEO

Transcript

Steve Murphy interviews Attorneys John Tiedt and Michael Cohen; Dr. Americo Simonini; and former Kimkins member, Terry Lind, about the Kimkins Diet Scam.

For those who are unable to view the videos, you can now read the Transcript of the show graciously provided by Elle.

Steve Murphy

Steve Murphy is the exclusive Senior Producer of Sky Radio Network’s worldwide business and legal shows, which are broadcast 24/7 on over 85,000 monthly flights to over 22 million listeners worldwide reporting the news, breaking headlines, legal developments, captured from his distinguished legal and business guests. Steve is also the President of PRI Inc, and also represents leading law firms and major fortune 500 companies in developing strategic business plans and the recruitment of key business and legal executives.

Steve has written over 20 books and numerous magazine and news articles on a diversity of subjects ranging from International Trade to Banking, Commercial Real Estate, general business books, and many more.

A SHORT SEGMENT FROM YOUTUBE

I love a good mystery….

It all started with a drive by trolling at LCF, with many of the posts deleted too. Then it went to a very odd cryptic blog, that eventually went poof, not before screen shots were done. there have been so many twists and turns here…you have to read it all for yourself….

you have got to read all the comments to follow along with this saga…..

Oh, but it’s the member’s fault….

One of the biggest arguments Kimkins supporters have to date is blaming the members for their own health problems. consistently saying they were cutting the calories on their own. They should have known better.

Here are the exact words SingingLass had to say on the Good Morning America show:

DELANEY DEAVER (aka SingingLass): We don’t tell people to starve, we encourage them to eat and I think there’s gonna be eating disorders that happen, you know, in any situation when somebody has an issue with food, but we try to prevent that from happening by giving people support.

and then we have a (:cough: sock puppet :cough:) member stating here:

People who have failed and have taken the diet to the extreme (eating less than 1000 calories a day…duh? commom sense?) are the main anti-kimkims supporters.

and the same “member” quoted here:

It is not the diet that made some people sick…it was their own fault for taking the diet to the extreme. I am sad that they say they got sick because of Kimkins. If they did not check with their doctor either before starting the diet or shortly after losing some weight, and discussing with their doctor, it is their own fault for getting sick.

These are just the most recent examples of blaming the members for cutting their own calories. Yet look what was posted on the FWK thread just last night by HoneyBee:

Kimkins- member asks for a review of their menu

…..I usually eat the following, but the weightloss is between 0-1lbs off per week!
B- (IF i have breakfast) Bacon or whey shake
L- leftover meat from the evening before (pork, beef, chicken) with a stick of celery, and 1 tbs mayo OR whey shake
D- Meat with salad or green veg.
Water, 1 coffee, multivitamin, detox tea (3 times per week)
IF i have a snack, it is a boiled egg or slice of meat or SF Jello or 10 almonds (no more than once per week)

‘Plumbing’ is all good- I am doing gentle exercise (I’m no gym bunny!)-I’m not deluding myself and ‘forgetting’ some things that go in my mouth, i keep a diary of everything that passing my lips.
Thanks for listening

Heidi responds

Hey girl!

First of all, look at your “before” and “current” pics and you’re a totally different person! You’ve done an awesome job!!! Everything looks good in your sample menu, but if you want to tweak a bit here’s what I’d suggest:

1) Skip pork & beef for now, stick with skinless chicken, turkey, fish, tuna
2) Be sure to use low cal low carb salad dressing
3) If your detox tea contains senna (Smooth Move) that’s a laxative so consult your doctor
4) 1 large egg, 1 string cheese, 10 almonds are 80-100 calories each and can add up
5) What about adding 1-2 servings of List 1 veggies in place of 80-100 snacks?

You’ve lost 56 pounds! The closer you get to goal, the slower loss goes because your smaller body naturally needs and burns fewer calories to maintain that smaller weight.

Don’t give up! You’re soooooo close, you’ll make it. Stay tough & focused

SingingLass responds

The things thats stuck out to me were the bacon, beef, almonds, and possibly the whey shakes.

Bacon and beef can be higher in fat….typically just like lean steak now and then. Almonds really are not on the plan while in losing phase, and people report all the time about getting stalled up when the grab for nuts. Perfectly great for maintaining though. I would say maybe cut out the whey shakes for a little while just to see if you notice a difference, it is one of those things that some people are fine with but others can stall a bit, also depending on the shake.

What are you putting in your coffee?

BTW—you look great! You also have such cute clothes, where do you shop?

Even an imbecile can see this member is not taking in that many calories to begin with. Yet Heidi and SingingLass are quick to tell her to cut out even more.

But, oh, it’s the member’s fault for cutting calories to the bare minimum….