Judge Refuses to Dismiss Suit Against Atkins Empire
January 8, 2005
Boca Raton News
by Kelli Kenne
http://www.bocaratonnews.com/index.php?src=news&category=Loc al%20News&prid=10606

A Delray Beach man is one step closer to winning his legal battle against carb-cutting heavyweight company Atkins Nutritionals. Palm Beach County judge Susan Lubitz recently denied the companyÕs second attempt to have the lawsuit dismissed and also ruled that Atkins comply with the plaintiffÕs requests for documents and depositions of senior Atkins officials.

The ruling means the lawsuit will move forward towards trial, where Jody Gorran, 53, plans to show that the privately-held corporation knowingly misled the public about the high-fat dietÕs potential dangers.

ÒThe judgeÕs ruling is good news for the little guy and bad news for unscrupulous companies cashing in on peopleÕs weight problems,Ó said Gorran, who claims the diet caused him to develop severe coronary disease and elevated cholesterol levels. ÒThis case could be the final nail in the low-carb coffin.Ó

Judge Lubitz denied AtkinÕs NutritionalÕs first motion to dismiss in November. The company argued to have the case thrown out, claiming it was protected under the first amendment.

Gorran said he isnÕt looking for financial gains in the lawsuit, but only wants a judge to order that all AtkinsÕ products and books be required to carry warning labels. He said he received a clean heart scan prior to going on the AtkinsÕ diet, but said he later had to undergo a heart operation requiring an angioplasty and a stent for Òcrushing chest painsÓ and Òarterial blockage.Ó
Atkins Facts:
> What the Experts Think of Atkins
> Faulty Science
> Short-Term Side Effects
> All Long-Term Studies on Atkins a Wash
> Long-Term Side Effects
> The Safer Alternative
> References 1-1160

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