News Release
Thursday, November 4, 2004
Contact: Jeanne Stuart McVey, 202-686-2210, ext. 316, or 415-509-1833
(cell); jeannem@pcrm.org
Atkins Diet Lawsuit Clears
First Legal Hurdle
Judge Rules Suit Challenging Safety of Controversial
High-Fat Diet Will Go Forward
West Palm Beach, Florida—A landmark lawsuit challenging
the safety of the controversial Atkins Diet will go forward thanks
to the decision issued by Judge Susan Lubitz in Palm Beach County
Court. Judge Lubitz ruled that a Delray Beach businessman’s
suit against Atkins Nutritionals, Inc., has legal merit and ordered
the case to proceed towards trial. Atkins’ request for dismissal
was denied.
Florida businessman Jody Gorran, 53, brought the suit against the
diet corporation after he developed life-threatening heart disease
as a result of following the Atkins Diet.
During the upcoming trial, Gorran will demonstrate that he developed
coronary artery disease— dramatically elevated cholesterol
levels, severe angina, and a potentially fatal arterial blockage
that required an angioplasty and a stent—after two years on
the high-fat, low-carbohydrate diet promoted by the late Dr. Robert
Atkins. A heart scan done prior to Gorran beginning the diet showed
no signs of disease.
During discovery, the next phase of the lawsuit, Gorran will seek
further support for his contention that the promoters of the Atkins
Diet knowingly misled the public about the diet’s potential
dangers. He is asking that all Atkins products and books be required
to carry warning labels. Gorran is also seeking less than $15,000
in damages.
“This lawsuit is not about money,” says Gorran, a wealthy
businessman. “This is about the well-being of millions of
people who are putting their health and their lives at risk by following
Atkins and similar diets.”
Attorney Dan Kinburn, senior counsel for the Physicians Committee
for Responsible Medicine, successfully argued the case in County
Court for Palm Beach County, Florida.
For an interview with lead attorney Dan Kinburn, plaintiff Jody
Gorran, or a copy of the judge’s order, contact Jeanne S.
McVey at tel: 202-686-2210, ext. 316; cell: 415-509-1833; or jeannem@pcrm.org.
Founded in 1985, the Physicians Committee for Responsible Medicine
is a nonprofit health organization that promotes preventive medicine,
especially good nutrition. PCRM also conducts clinical research
studies, opposes unethical human experimentation, and promotes alternatives
to animal research.
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