UPDATE: Kimkins Class Action Lawsuit Verdict

Kimkins founder, Heidi Diaz, faced the decision of the Riverside County Courts of California today, losing the case against her in a certified class action lawsuit filed by ex-members of her fraudulent diet site.

The details are emerging:

  • The courts found in favor of the plaintiffs on all points. 
  • Heidi Diaz's (aka: Kimmer) assets have been frozen. 
  • In addition to the judgement of 1.8 million dollars there was an additional $500,000 in punitive damages awarded. 
  • Injunctive relief: she can not lie to promote her diet. She cannot use fake testimonials, success stories, or photos. 
  • Diaz must put a disclaimer on any website she develops (including non-weightloss websites) explaining that she has lied, used fake testimonials, misled, and used deceptive practices. 
  • She is required to post a disclaimer stating the dangers of low calorie diets and the possible side effects.
  • A permanent restraining order was issued prohibiting any form of contact with any of the plaintiffs, class members, their families, lawyers, and/or staff. 

Official Notice From John Tiedt, lawyer for the plaintiffs:

Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website Kimkins.com for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz. 

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010. 

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you. 

John E. Tiedt

*please note: Mr. Tiedt refers to "ducks" in his statement. If you are unaware of what is considered a duck, it is everyone who worked together tirelessly to expose the fraud, the lies, and provide tangible evidence to support the case. 

If you are unfamiliar with the Kimkins diet scam you can find more information here: Kimkins Info

thanks to MomtoEli for the information