Idiot with high cholesterol that sued Atkins, looses

He claimed he GOT high cholesterol from the Atkins diet and sued. The
judge threw it out. The Judge said the book is just a plan to a low carb
diet. What I want to know from the Idiot is, HOW can one possibly get
high cholesterol when properly doing a low carb diet. I do not believe
it is possible.

Curt wrote:
He claimed he GOT high cholesterol from the Atkins diet and sued. The
judge threw it out. The Judge said the book is just a plan to a low carb
diet. What I want to know from the Idiot is, HOW can one possibly get
high cholesterol when properly doing a low carb diet. I do not believe
it is possible.


The man was admittedly eating mainly pastrami and cheesecake. After just
two months, his cholesterol shot up to an unhealthy 230 from a low 146,
according to the suit.

His diet was a little bonkers, and he missed the chapters, evidently, on
eating healthy vegetables and other stuff like that.

-------------------------------------------------------------------

Here is a little more on the decision.....

NEW YORK (Reuters) - A New York federal judge on Monday tossed out a
lawsuit by a Florida man against the company behind the Atkins low-carb
diet that alleged it caused his cholesterol to skyrocket and
necessitated an angioplasty.

Jody Gorran, 53, of Delray Beach, Florida, went on the Atkins Diet in
2001, admittedly eating mainly pastrami and cheesecake. After just two
months, his cholesterol shot up to an unhealthy 230 from a low 146,
according to the suit.

"Pastrami and cheesecake -- large amounts of which Gorran admittedly
consumed -- may present risks, but these are risks of which consumers
are aware," wrote Judge Denny Chin in his dismissal of the suit.

The low-carbohydrate diet, pioneered by Dr. Robert Atkins and widely
blamed for a drop in sales of high-carb foods, involves eating proteins
such as meat and cheese and limiting carbohydrates such as bread and pasta.

Gorran felt pain in his chest in the fall of 2003 and underwent an
angioplasty to unclog one of his coronary arteries, according the suit.

"The average consumer surely anticipates that these and other high-fat
or high-protein foods may increase cholesterol levels and the risk of
heart disease," Chin wrote of the salty deli meat and cream cheese-based
dessert.

The diet consists of only "advice and ideas" that are protected by the
First Amendment, Chin wrote.

Gorran had sued Atkins Nutritionals Inc. claiming its products were
"defective and unreasonably dangerous," seeking money damages and an
injunction requiring the company to put warning labels on all of its
products and its Web site.

Atkins Nutritionals sells shakes, nutrition bars and candy, as wells as
books on dieting.




--
1) Eat Till SATISFIED, Not STUFFED... Atkins repeated 9 times in the book
2) Exercise: It's Non-Negotiable..... Chapter 22 title, Atkins book
3) Don't Diet Without Supplemental Nutrients... Chapter 23 title, Atkins
book
4) A sensible eating plan, and follow it. (Atkins, Self Made or Other)

"Jbuch" wrote in message
.

The man was admittedly eating mainly pastrami and cheesecake. After just
two months, his cholesterol shot up to an unhealthy 230 from a low 146,
according to the suit.

His diet was a little bonkers, and he missed the chapters, evidently, on
eating healthy vegetables and other stuff like that.


He also seems to have thought that cheesecake is low-carb -- in spite of the
sugar, the fruit, and the cake/biscuit base...

M.

Reality Chick wrote:
"Jbuch" wrote in message
.

The man was admittedly eating mainly pastrami and cheesecake. After just
two months, his cholesterol shot up to an unhealthy 230 from a low 146,
according to the suit.

His diet was a little bonkers, and he missed the chapters, evidently, on
eating healthy vegetables and other stuff like that.


He also seems to have thought that cheesecake is low-carb -- in spite of the
sugar, the fruit, and the cake/biscuit base...

M.


In fairness, it could have been homemade cheesecake, which is easy to
make LC and something a lot of folks enjoy.

I also find amazing the premise that 2 months of cholesterol at 230 is
all it takes to turn a healthy artery into a blocked one. If that were
true, there would be lots of people in big trouble. My cholesterol
has been around that for decades. But I also have high HDL. Also, no
mention is made anywhere of what his total chol profile was.

Good to see this got a good decision. There are a lot of other BS
suits like this that should never even get heard.

wrote in message
oups.com
:: Reality Chick wrote:
::: "Jbuch" wrote in message
::: .
::::
:::: The man was admittedly eating mainly pastrami and
:::: cheesecake. After just two months, his cholesterol
:::: shot up to an unhealthy 230 from a low 146, according
:::: to the suit.
::::
:::: His diet was a little bonkers, and he missed the
:::: chapters, evidently, on eating healthy vegetables and
:::: other stuff like that.
:::
:::
::: He also seems to have thought that cheesecake is
::: low-carb -- in spite of the sugar, the fruit, and the
::: cake/biscuit base...
:::
::: M.
::
::
:: In fairness, it could have been homemade cheesecake,
:: which is easy to make LC and something a lot of folks
:: enjoy.
::
:: I also find amazing the premise that 2 months of
:: cholesterol at 230 is all it takes to turn a healthy
:: artery into a blocked one. If that were true, there
:: would be lots of people in big trouble. My cholesterol
:: has been around that for decades. But I also have high
:: HDL. Also, no mention is made anywhere of what his
:: total chol profile was.
::

Thank you for posting this, Chet. It seems people don't really think much
about Chol numbers other than if it's over 200 you must be in bad shape,
reguardless of what the composition of that number is. Some even claim that
Chol has no bearing on CVD as chol is a protective mechanism of the body.
And surely, a couple of months of elevated numbers is not likely to result
in his health problems. One might ask why he was doing Atkins in the first
place, as someone in his 50s.

Yeah, it's easy to blame others for our own faults and shortcomings.
Especially if there's some potential for money on the other end.

:: Good to see this got a good decision. There are a lot
:: of other BS suits like this that should never even get
:: heard.

Yes.

"Roger Zoul" wrote in message
...

One might ask why he was doing Atkins in the first
place, as someone in his 50s.

That is an interesting comment Roger! Please will you give a wee bit more
detail?

O

Roger Zoul wrote:
snip
One might ask why he was doing Atkins in the first place, as someone in
his 50s.

What does being in his 50's have to do with whether he should be doing
Atkins?

"Jeri" wrote in message

:: Roger Zoul wrote:
:: snip
::: One might ask why he was doing Atkins in the first
::: place, as someone in his 50s.
::
:: What does being in his 50's have to do with whether he
:: should be doing Atkins?

It could be an indication of *years* of living with bad dietary habits and
being overweight, which would have much more to do with his problems than
being on Aktins for a little while as it Chol went up.

"Ophelia" wrote in message

:: "Roger Zoul" wrote in message
:: ...
:::
:: One might ask why he was doing Atkins in the first
::: place, as someone in his 50s.
::
:: That is an interesting comment Roger! Please will you
:: give a wee bit more detail?
::
:: O



Sorry, I was in a hurry and thus being brief. See the post to Jeri, she had
the same thought as you!

Jbuch wrote:
NEW YORK (Reuters) - A New York federal judge on Monday tossed out a
lawsuit by a Florida man against the company behind the Atkins low-carb
diet that alleged it caused his cholesterol to skyrocket and
necessitated an angioplasty.
***
The diet consists of only "advice and ideas" that are protected by the
First Amendment, Chin wrote.
***

This is an interesting opinion and we might see a lot of reference to
this in the future. Specifically, going the other way, with people
perhaps suing the ADA for their years of recommendations increasing the
severity of diabetes and dependance on insulin. Their "diabetic diet"
might just be merely "advice and ideas" that are protected by the First
Amendment.

While I would not like to have seen some version of "science court" go
on in Judge Chin's courtroom, I would rather the suit be dismissed on
grounds more like: "At no point were you actually following the
recommendations of the book, since you were chugging cheesecakes and
salami without eating 2+1 cups of vegetables or doing exercise, both of
which are essential parts of the diet put forward in Dr. Atkins' Diet,
so no dice, you pay for your own angioplasty." That type of finding
would be a better finding for the community as it would discourage
frivolous lawsuits while still leaving liability in place for bad
dietary plans.

Good for the Center though.

-Hollywood