diet forum

NOTICE OF PENDENCY OF CLASS ACTION

Posted by 11 November, 2009 As diet forum,Kimkins,weight loss forum (0) Comment

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

6 Week Cure

Posted by 12 September, 2009 As 6 week cure,diet forum,low carb,maintain weight loss,protein power,weight loss,weight loss forum,zero carb,zero carb diet (1) Comment

I pre-ordered the new Protein Power book, The 6 Week Cure for the Middle-Aged Middle. Now, I didn’t have much use for a 6 week cure myself as I have been successful in keeping my middle relatively slim. However, I was interested to see what they had to say about the cause of it.

I did get some new tidbits from the book. Like supplementing with leucine (an amino acid) and melatonin. I tried melatonin way back for sleep problems but as it didn’t help, I stopped. The Eades, however, is saying that lack of melatonin is not beneficial for fat loss, so I might start up again.

As with regards to the cause of the middle-age middle gain, there were no big surprises. Hormones. That is pretty obvious as the vast majority of people my age (50+) have problems with the middle expanding, despite eating sensibly and exercising. The 6-week cure supposedly helps to get a flat stomach back.

The cure consists of three 2-week steps.

The first step includes a liver detox phase where all substances causing the liver to work hard are to be avoided. This includes alcohol, caffeine and any unnecessary medications. The diet during these two weeks consist of 3 protein shakes per day and one LC meal with very limited vegetables.

Two things about this surprises me. First that Splenda is allowed. To me, Splenda is a chemical and while it hasn’t proved to be detrimental to the body, I don’t think it’s a good think to use when you are trying to do a detox. However, there are protein powders out there with Stevia, so perhaps that is a viable alternative.

There are also rumors in the Zero Carb community that this book promotes a “meat-only” diet. It doesn’t. There are vegetables and even berries with every meal, although in very limited quantities.

Week 3-4 are lowcarb meals, again with very limited quantities of non-starchy vegetables and berries. Alcohol and caffeine can be reintroduced.

Week 5-6 looks like a maintenance diet to me.

When it comes to exercise, they recommend only 30 minutes of weight training per week. Plus a simple ab exercise that can be done anywhere at any time.

The Eades are sharing their own experience with their middle-age middle gain and I can identify with Mary Eades. I also did not have any weight problem until I entered peri-menopause. What is disappointing though is that they say that Mary was not successful with the 6-week cure only until she got her hormones adjusted but they don’t go into detail about any of the hormone theraphy. Personally, I don’t know if it makes sense to feed your body hormones to stay at a perpetual 35 year old level for life. But then, I’m not a doctor and they are.

I have approached my middle gain differently. I maintain a relatively flat stomach by regular exercise, and it’s not enough with just 30 minutes per week. I need 30 minutes 4 or 5 times per week at the minimum. No cardio. Heavy weights. I have proven over and over again that, for me, this is the only thing that makes any difference to my “muffintop.” I don’t fully understand why. Hormones? I wish they had addressed this fact as I’m sure I am not unique.

While my review may not sound all that positive, I do recommend the book. It’s a good read and the recipes alone are worth the money. The cure is probably also a good plan for someone that quickly needs to shed some pounds and likes to follow a strict routine with given meal suggestions.

Finally, I wonder what the Eades’ target audience is. The book is not directed towards people that have a lot of weight to lose (even though it might work well as a starting point for transition into Protein Power). The book seems more directed towards people that have not been overly overweight and now find themselves with 20-30 stubborn pounds extra. If this means that lowcarb will be sold to a larger audience, I’m all for it. In my opinion, we can all benefit from lowcarb becoming more mainstream.

I wish the Eades the best of luck and great success with this book. They do a lot of free work on their blog for the lowcarb community.

Acai Scam Settlement

Posted by 2 July, 2009 As acai,diet forum,diet pills,diet supplements,healthy diet,magic diet,magic pill (0) Comment

Attorney General Reaches National Settlement with Dietary Supplement Company


~ Companies marketed Acai berry supplements, among others ~

TALLAHASSEE, FL – Attorney General Bill McCollum today announced that his office has reached a national settlement with an internet-based company that markets non-prescription dietary and health supplements. The settlement resolves allegations that the company, Aton Solutions, and its subsidiaries were offering free trials of their products, including Acai berry supplements, but customers were unable to cancel their subscriptions before being billed. Since the Attorney General began investigating, Aton has made nearly $10 million in customer refunds nationwide.

Palm Beach County-based Aton Solutions and subsidiaries GIC LLC, SFL Nutrition LLC, Globalnet Pharmacies LLC and Glades Distribution Services LLC offer 15-day free trials of several products, but the trials triggered an automatic subscription and customers had to cancel the subscriptions before the end of the trial so they would not be billed for the products. The Attorney General’s Economic Crimes Division received thousands of complaints from consumers and opened an investigation in December 2008.

According to the complaints filed with the Attorney General’s Office, customers claimed they were unable to contact the companies by telephone, e-mail or through the company’s websites to cancel future orders under the terms of the free trial offer. As a result, thousands of consumers were continuously billed a monthly fee of $80 or more for products that they neither ordered nor wanted.

Under the settlement, Aton Solutions and its subsidiaries will openly describe all terms and conditions of any trial offer located on the company’s website and will clearly disclose how and when products may be returned. Additionally, the company will maintain adequate customer service personnel to field cancellation requests in compliance with the terms and conditions of the free trial offer and will continue to examine, address and resolve all complaints related to the company’s business, products and trial offers.

In addition to the consumer refunds, Aton has agreed to pay $250,000 in attorneys’ fees and costs and will continue to issue refunds to any consumers who have complaints. The companies have fully cooperated with Attorney General’s investigation.

The company that agreed to the settlement sells Acai Berry Supreme and Extreme Acai Berry, among others. While I applaud the Attorney General for looking into this scam, I can not help wonder how much difference it will make. At least some people will get some of their money back, but how many just gave up when they couldn’t reach anybody to cancel the autoship? While they might have had their credit card company stop further payments, many of them are likely out of the money for the first couple of shipments. Clearly, this company has made a lot of money on this product as they agreed to a settlement of $10 million in refunds.

The company is also allowed to continue to sell these in my opinion useless products. The requirement to “clearly disclose how and when products may be returned” is technically fulfilled, but who checks the “Terms and Conditions” before placing a $3.95 order for a “Risk Free Trial?” Or, understands the statement about “a negative option” that has been added to the bottom of the page?

†I UNDERSTAND THAT THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION AND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES, UNDER THE TERMS OF THIS AGREEMENT, IF I FAIL TO NOTIFY THE SUPPLIER NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.

It is also annoying that the supposed benefits of this product were not questioned. Acai Berry continues to be sold as a detox and weight loss supplement despite there being no proof of these claims. None. The only studies that have been done have confirmed a relatively high amount of antioxidants but then there are no studies that show that antioxidants are beneficial to us in the first place.

FTC Charges Hoodia Marketers

Posted by 5 May, 2009 As diet forum,diet pills,diet supplements,healthy diet,magic diet,magic pill,weight loss forum (0) Comment

FTC Charges Marketers of ‘Hoodia’ Weight Loss Supplements With Deceptive Advertising

The Federal Trade Commission has charged the suppliers of supposed Hoodia gordonii, also known as hoodia, with deceptive advertising for claiming that using their product would lead to weight loss and appetite suppression.

In its complaint, the FTC alleges that the defendants not only made false and deceptive claims about what hoodia could do, but also, on one or more occasions, claimed that their product was Hoodia gordonii, a plant native to southern Africa, when it was not.

The FTC has requested that the court order the defendants not to make false or deceptive statements or destroy documents pending trial. The Commission seeks to permanently bar the defendants from deceptively advertising hoodia, and to obtain disgorgement of the defendants’ profits from their hoodia sales.

The defendants allegedly made false and deceptive claims when advertising their fake hoodia to trade customers who manufactured and marketed supplements.

NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law.

It is interesting to see how the FTC continues to pursue these companies that make a living by selling weight loss products with claims that are not backed up by facts. This Hoodia charge follows closely on the Hydroxycut warning, the settlement with QVC and the FDA releasing a list of weight loss supplements considered unsafe.

There is still much work to do though. Will the Acai scam and Colon Cleanse come next? I hope so.

We can also hope that these type of cases result in some legislation for deceptive marketing as a whole. That would prevent dangerous diets such as Kimkins to establish themselves on the internet

Sensa Weight Loss System

Posted by 27 February, 2009 As diet,diet forum,diet pills,diet supplements,magic diet,magic pill,weight loss forum (1) Comment

Browsing the internet, I come across crazy diets all the time. All of them promise fast and easy weight loss. Often without diet (eat all the food you want!) and without exercise. Magic!

Obviously there is a market for these diets. Otherwise they wouldn’t exist. So are we so gullible? Do we so easily believe these unrealistic promises? That this diet will do what others failed to do?

Do we believe that the weight loss claims are real? That the success stories exist? And that the persons depicted actually used the magic supplement they are selling?

It seems that many do. And are willing to pay a lot of money for another quick fix. If Acai didn’t do it, Wu-Yi didn’t do it, perhaps this Sensa will?

So what is Sensa?

It is a powder (!) that you sprinkle (!) on your food and it makes you eat less.

Backed by “25 years of study” and “clinical study.”

The 25 years research consisted of testing out “sprinkles” or Sensa Tastants (patent pending!). The ingredients in the Tastants are of course not fully disclosed more than that they contain Maltodextrin (corn starch, used as a bulking agent, no doubt), Tricalcium Phosphate (bone ash), Silica (sand), Natural and Artificial Flavors (proprietary), FD&C Yellow 5 (synthetic yellow dye), and Carmine (red pigment from scale insects). Sensa also contains Soy and Milk ingredients.

Hmm. Perhaps you really would eat less if you sprinkled this on food.

The clinical study consisted of one study where 1,436 people sprinkled Tastants on their food for 6 months and then were compared to 100 people that did not. The Tastant group lost 30 pounds while the control group lost only 2! Wow! And it must be true as the study is published. Actually, only the abstract (summary) is published. In “Advanced Technologies and Treatments for Diabetes”, First International Conference, Prague, Czech Republic, February 27, 2008.

Searching, I actually found the abstract. No study. This is the entire text:

USE OF GUSTATORY STIMULI TO FACILITATE WEIGHT LOSS

A .R. Hirsch
Smell & Taste Treatment And Research Foundation, Chicago, IL, USA

Background: Excess weight is a risk factor for myriad illnesses including diabetes. Despite its ubiquity, treatment is, for the most part, ineffective focusing on conscious, draconian self-deprivation efforts including portion control, fasting, hedonic sacrifice, or initiation of a rigorous, often painful, exercise program. Chemosensory modification to induce weight loss has used both aversive and nonaversive olfactory and hedonically positive gustatory stimuli.

Hypothesis: Noncaloric tastant crystals added to food enhance gustatory evoked satiety, reducing consumption, as manifest by weight loss.

Methods: Two thousand four hundred thirty-seven overweight or obese subjects, over a six-month period, sprinkled a variety of savory or sweet tastant crystals onto their food prior to mandiculation. Pre and post study weights were obtained and compared to one hundred nontreated controls.

Results: One thousand four hundred and thirty-six patients (87.4% female, 12.6% male) with an average initial weight of 208 pounds, and BMI of 34.2, completed this study. The average weight loss was 30.5 pounds, 5.0 BMI, versus control of 2 pounds, 0.3 BMI (p<0.05).

Conclusion: Use of tastants to enhance or generalize sensory specific satiety demonstrated efficacy in the promotion of weight loss. Further investigation into this approach on the secondary effects of obesity and diabetes is warranted.

If this “study” is so convincing, why not make it available on the web site that sell the “sprinkles?” Not holding up for peer review?

So, now, when you have read my glowing review, are you ready to shell out $59 (special price!) for a one month’s supply of sprinkles? With autoship! Or, if you were really impressed by the “study” and the “success stories” you can go directly to the 6 months option, for $235, with autoship!

Zero Carb Diet

Posted by 16 February, 2009 As diet,diet forum,zero carb,zero carb diet (6) Comment

The latest diet rage seems to be the Zero Carb Diet. The rules are:

  1. Eat only from the animal world (eggs, fish, red meat and fowl and some dairy are all animal sourced foods, i.e.: meat).
  2. Eat nothing from the vegetable world whatsoever. (Very small amounts of flavorings such as garlic/chillies/spices/herbs which may be added, are not ‘food’).
  3. Avoid milk and yogurt (heavy carbs – lactose), use only pure (not ‘thickened’- heavy) cream (read the label), cheese and unsalted butter.
  4. Don’t cook your meat very much – just a little bit on the outside – for flavor – blood – rare.
  5. Eat liver and brains only very infrequently – they are full of carbs.
  6. Be sure to have plenty of fat of animal origin at each meal and eat mostly of the fat until you feel you have had enough – you can eat more lean at this point if you like – calories are not important, nor is the number of meals/day. Vegetable oils are not good food.
  7. You do not need any supplements of any kind. Drink a lot of water and do not add salt to anything.

The hard core Zero carbers go even further. No eggs (they have carbs!). No dairy or cheese (carbs!). Not to mention “bolting” the food – swallow it without chewing it.

This is not supposed to be a crash diet, done for a short period of time. The Zero carbers see it as a way to eat for life. They are fully convinced that you can be fully healthy by eating supermarket meat only.

They base this conviction on the history of carnivorous peoples. The Inuits provide the main example. I do not understand how they fail to see the difference on a diet based on supermarket beef and a native carnivorous diet that included raw offal (brain and liver contain Vit. C, for example). Certain animal parts, raw, were greatly favored by carnivorous peoples. There surely was a reason for it. The same reason that I can crave broccoli. There must be something my body needs from it.

Even more alarming is that many with a history of ED (Eating Disorders) jump on the Zero Carb wagon. From one extreme to the other. While it might be good that they become unafraid of fat and calories, the recommendation to “eat fat until nauseous, then lean” doesn’t seem like it would lead to a healthy relationship to food.

What will the Zero Carbers do when weight loss stops? Cut the protein and risk protein deficiency? Cut the fat and end up with a Kimkins starvation diet? What other option is there?

Now, I don’t think that a couple of weeks with meat only is doing any harm. This is really Atkins’ induction, in the original 1972 diet. But Atkins never intended it to be done for life. He invented the carb ladder for a reason.

Tipping the Scales to Health

Posted by 20 December, 2008 As diet,diet forum,health,healthy diet,maintain weight loss,weight loss,weight loss forum (0) Comment

Tipping the Scales to Health

is now open!

The online world has a wonderful new resource
for desperate dieters and
anybody else who is determined to make health a priority in 2009.

Join old friends and new as we kick the New Year off
with a renewed dedication to health and weight loss