Gorran’s Anti-Atkins Lawsuit Plan Just Hit The Fan

Filed under: In The News — @ December 12, 2006

The sue-happy, anti-Atkins drivel of Jody Gorran is finally over.

Nearly two years after he filed a lawsuit against Atkins Nutritionals, Inc. claiming the low-carb diet made popular by the late Dr. Robert C. Atkins has caused him to develop heart disease and led to a rapid decline in his health, the opportunist Florida real estate mogul has had his ridiculous case against the company dismissed by a federal judge on Monday.

Well it’s about time!

U.S. District Judge Denny Chin said Gorran’s preposterous claims that his health was endangered when his cholesterol went up and he experienced severe chest pain that led to an angioplasty were not the fault of Atkins Nutritionals, Inc., the business arm of the Atkins diet, because the Atkins book he read was not an advertisement for any specific products.

Instead, the concepts discussed in the book Dr. Atkins New Diet Revolution, Judge Chin contended, were merely intended to be a lifestyle guide for people desiring to lose weight and get healthy via livin’ la vida low-carb, not to market and promote the Atkins Nutritionals product line. The law is very clear about this, the judge added.

“It is well settled that the mere fact that there is an underlying economic motivation in one’s activity does not turn that activity into commercial speech,” Chin explained. “The concepts [of the Atkins diet] may be controversial and the subject of criticism, but they are protected by the First Amendment.”

Click here for more on Judge Chin’s ruling and why there was no other option but to throw Jody Gorran’s headline-grabbing case out the window.

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