A man who blamed the low-carbohydrate Atkins diet for his heart troubles has had his product liability and negligent misrepresentation claims rejected on First Amendment grounds. Under the diet, the plaintiff alleged, his cholesterol rose, leading to severe chest pain and an angioplasty. A New York federal judge ruled that Atkins books and food products are not defective or dangerous under product liability law, and that the diet merely consists of advice and ideas that are protected by the First Amendment.
December 13, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Atkins diet is protected by the First Amendment against the claims of a Florida man who said the low-carbohydrate meal plan was dangerous and to blame for his heart troubles, a New York federal judge has ruled.
U.S. District Judge Denny Chin made the finding as he tossed a lawsuit in which Jody Gorran, of Delray Beach, Fla., claimed his cholesterol level shot up from 146 six months before he began the diet to 230 afterward, leading to severe chest pain and an angioplasty treatment.
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