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
TIEDT & HURD


*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

Kimkins Class Action Lawsuit: The Verdict Is In!

It's been 3 years in the making but today the verdict is in. Excellently represented by John Tiedt, of Tiedt and Hurd, Carona California, consumers saw the results of their patience and hard work as the courts ruled in their favor to the tune of 1.8 million dollars in the class action lawsuit against Kimkins/Heidi Diaz.

Details to follow as they are available.


*If you're unfamiliar with the history of Kimkins/ Heidi Diaz you can find more information here: Kimkins Class Action Lawsuit

Kimkins Class Action Lawsuit: Court Date Set For October 25th, 2010

 The class action lawsuit against Heidi Diaz (center, top right, bottom right in picture above), owner and founder of the Kimkins diet site, is scheduled to go to trial at the Riverside County Courthouse in California on October 25, 2010.

Recap:
Heidi Diaz, also known as Kimmer, claimed to have lost nearly 200 pounds in less than a year and to have maintained her weight at 118 pounds for approximately 5 years. Starting an online dieting site based on these claims she sold memberships to access the plan(s) she created. The site included many success stories accompanied by before and after pictures of amazing transformations, including her own which showed a picture of a young, beautiful woman in a clingy red dress (top left of picture). The success stories seemed too good to be true and, as it would turn out, they were. 

A private investigator, Robert Charlton of Alliance Investigative Services, was hired and discovered that Heidi Diaz was not what she claimed to be. Ex members and concerned citizens, banning together to uncover the fraud, discovered that she had littered her website with elaborate fabricated success stories that she had written herself, taking the before and after pictures from online Russian Bride sites, including the picture(s) she claimed to be her after her weight loss (see woman in red dress, upper left hand corner of picture above). 

Heidi Diaz, having no medical, science, or nutritional background, doled out dangerous diet advice that promoted extremely low calories, laxative use, and anorexic eating behaviors and practices. Members who dared to question "Kimmer," state their concerns on her website, or question the validity of her success stories, found themselves locked out of the site, without warning or reimbursement of their "lifetime membership" fees.

Kimkins received an F rating by the Better Business Bureau: We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the law’s licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulfent business practices.

*It is estimated that Heidi Diaz's scam netted her well over 2 million dollars.


It would be nearly impossible to site all that has happened since the fraud was first discovered. Below are some links that cover some of what has transpired in the last 3 years.

For More Information:
Kimkins: An Internet Diet Scam
Kimkins: Anatomy of a Diet Scam
The Kimkins Controversy
Kimkins Lawsuit
Kimkins Class Action Lawsuit
Russian Brides: Fake Kimkins Success Stories

Insider Exclusive with Steve Murphy.

Surveillance pictures of Heidi Diaz at the Kimkins Post Office Box

Featured onThe Morning Show: Videos 1, 2, 3, & 4     
Consumer Affairs Report

Google: Kimkins Scam

*Check out the Say No To Kimkins Webring linked at the bottom of this page for even more information.

Kimkims Lawsuit: Class Certification Granted

Heidi Diaz portrayed herself as the beautiful woman in the red dress above. The real Heidi (in red, center) at one of her depositions. Heidi captured by PI surveillance.

In a long awaited decision, class certification has been granted in the lawsuit against Kimkins, owned by Heidi Diaz.

Stuffing her site with false testimonials, fake before and after pictures taken from online Russian dating sites, and lies about having lost 198 pounds in less than a year and maintaining that loss for over 5 years, Heidi Diaz/aka Kimmer, charged those seeking to lose weight a lifetime membership fee to her site. Following a feature in Woman's World Magazine where Heidi Diaz represented herself as one of her many aliases, Kim Drake, membership boomed, as did Diaz's bank account.

Heidi Diaz claimed the above pictures as her after pictures.

Despite Diaz's lack of nutritional/medical training, certification, or scientific backing, claims of the diet's benefits to certain health conditions were made. Members also report being advised by Heidi Diaz to take laxatives and to lower calories to dangerous extremes. Many experienced health issues including heart palpitations, dizziness, nausea, menstrual irregularities, weakness, disordered eating behaviors, and hair loss. Members state that after questioning her advice, voicing health concerns, or stating disbelief over the fake testimonials, they found themselves banned without warning, explanation, or refund of their lifetime membership fee.

Real pictures of Heidi Diaz/aka Kimmer. Pictures 1 and 3 were used as her before pictures.

Headed by the efforts of Jeanessa Fenderson, a lawsuit was filed. Represented by lawyer John Tiedt, class certification was sought on the behalf of all Kimkins victims.

Class certification was granted on January 14th, 2009:

Case RIC483005 - FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONAL LAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF



*Congratulations and thanks to all those who put (and continue to put) so much time, effort, and energy into uncovering and proving the fraud, providing the evidence needed.

Related posts:
Kimkins Wins Worst Diet Product Of The Year
Kimkins: An Internet Diet Scam
Kimkins San Diego Victims Sought
Falling For A Diet Scam

*Be aware: Heidi Diaz, in the midst of being sued and having filed bankruptcy, has started a new diet site, "Simple Choices Diet.” This is not the same diet that is trademarked and owned by HMR (Health Management Resources) and according to reports they are not happy about the trademark infringement.


source: woman's world apology: http://www.grilledcheesewithpickles.com/2008/02/i-dont-accept-your-apology-womans-world.html
all other sources linked in post.

The Worst Diet Promotions Of 2008

The Slim Chance Awards have been announced, awarding the worst diet promotions of 2008. The Slim Chance Awards are a part of the upcoming Healthy Weight Week which encourages people to live actively, eat nutritionally and normally, and to respect and feel good about themselves and others. "It’s a time to celebrate the diversity of real women, as well as men, and to help them shift focus from failed and risky weight loss efforts to being healthy at their natural sizes. Healthy Weight Week is a time for people to move ahead with a new approach and build confident, diet-free lives for themselves and those they love.

"The 20th Annual Slim Chance Awards are announced at year's end as a lead up to Rid the World of Fad Diets & Gimmicks Day, Jan 20, 2009, Tuesday of Healthy Weight Week (the third full week in January). They expose the widespread fraud and quackery in the weight loss field, and are aimed at helping consumers move on from chronic dieting to improving their lives in more positive and lasting ways.

They are truly the “worst” of the worst of the many weight-loss products and programs that flood the internet, the airwaves, and the pages of print materials in seemingly increasing numbers. Diet quackery defrauds, disables and kills."

And Here They Are:

MOST OUTRAGEOUS CLAIM: Kevin Trudeau infomercials. It’s rare that regulatory agencies look at books, given our free speech laws, but the infomercials for Kevin Trudeau’s weight loss book and his repeated violations were just too much for the Federal Trade Commission, and this past August he was fined over $5 million and banned from infomercials for three years. In “willful efforts” to deceive, Trudeau told listeners they could easily follow the diet protocol at home, even though his book calls for human growth hormone injections and colonics that must be done by a licensed practitioner. The tortured case began in 1998 when FTC charged Trudeau with false and misleading diet infomercials. In 2003 he was charged with false claims; in 2004 he was fined $2 million and banned from infomercials. Again in 2007 a contempt action said he misled thousands with false claims for his weight loss book “in flagrant violation” of court orders.

WORST GIMMICK: Skineez jeans ($139). A new item in the fight against cellulite, Skineez jeans are impregnated with a so-called “medication” of retinol and chitosan, a shellfish product once claimed to cut fat absorption in the stomach (see 1999 Slim Chance Awards). Friction between the jeans and skin supposedly triggers release of the substance, which goes to work on fat when absorbed through the skin. Reportedly a big hit in Europe, the “smart fabric” is also used in lingerie. Ironically, the creators of Skineez, Clothes for a Cause, profess to raise funds for breast cancer and “a wide range of other socially conscious charities.” So while the company hoodwinks women into buying an expensive pair of jeans, it promises they can “do good with every purchase … As our sales grow, so will our ability to help others.” FTC, however, is clear about such gimmicks, emphasizing that products worn or rubbed on the skin do not cause weight loss or fat loss.

WORST CLAIM: AbGONE. Throughout 2008 full page ads assaulted the eye in daily newspapers across the country touting AbGONE as “proven to promote pot belly loss.” Claims are that AbGONE increases “fat metabolism” and calorie burn, promotes appetite suppression and inhibits future abdominal fat deposits. These are drug claims that, if true, would alter the body’s regulation, but unlike drugs, the pills are sold as food supplements not requiring FDA approval. The bold ads feature the obligatory before and after shots of models, cut-away sketches of the abdomen with and without belly fat, and a white-coated researcher with chart purportedly confirming success of 5 times reduction in fat mass, 4 times lower BMI, 4 times greater weight loss than placebo. No added diet and exercise needed – well, except, you may want to heed the fine print disclaimer at the bottom that reminds us “diet and exercise are essential.”

WORST PRODUCT: Kimkins diet. It must have seemed an easy way to get rich quick. Founder Heidi “Kimmer” Diaz set up a website and charged members a fee to access the Kimkins diet, boasting they could lose up to 5 percent of their body weight in 10 days. “Better than gastric bypass,” there was “no faster diet,” and in fact she herself had lost 198# in 11 months. Stunning “after” photos were displayed. In June 2007 Women's World ran it as a cover story, and that month alone PayPal records show the Kimkins site took in over $1.2 million. Then users began complaining of chest pains, hair loss, heart palpitations, irritability and menstrual irregularities. This was not surprising since Kimkins is essentially a starvation diet, down to 500 calories per day and deficient in many nutrients (appallingly, laxatives are advised to replace missing fiber). In a lawsuit, 11 former members are uncovering a vast record of Diez’s alleged fraud. They found that the stunning “after” photos, including one of Kimmer herself, had been lifted from a Russian mail order bride site. According to a deposition reported by Los Angeles TV station KTLA, Diaz admitted using fake pictures, fake stories and fake IDs, and a judge has allowed the litigants to freeze some of her assets.

Want to see past awards? 20 years worth of Slim Chance Awards

Related posts:

Falling For A Diet Scam

Kimkins: An Internet Diet Scam

Kimkins: San Diego Victims Sought

sources:http://www.healthyweight.net/fraud.htm#hww

Kimkins: An Internet Diet Scam

Americans spend an estimated 35 billion on diet products each year. But, buyer beware. Falling for a diet scam can end up doing more than just lighten your wallet, it can damage your health, and your emotional wellbeing.

Kimkins, an internet diet scam of huge proportions, has once again received national news coverage. Heidi Diaz (who goes by the online alias of Kimmer) claimed to weigh 118 pounds, having lost nearly 200 pounds in less than a year and maintaining that loss for approximately 5 years. It was later discovered by Private Investigator Robert Charlton of Alliance Investigative Services that Heidi Diaz had not lost the weight but instead was a morbidly obese woman residing in California. Ex members and concerned citizens banning together discovered that she had littered her website with elaborate fabricated success stories that she had written herself, taking the before and after pictures (including the one representing her own after picture: a beautiful woman in a red dress, upper left corner of picture above) from online Russian Bride sites, furthering the fraud.

Having no medical, nutritional, or science background, Heidi Diaz doled out dangerous diet advice that promoted extremely low calories, laxative use, and anorexic eating behaviors and practices. Members who posted at Kimkins of their concerns with health issues, dared to questioned the validity of the success stories, or discussed these problems on other internet sites were swiftly stripped of their paid lifetime memberships without warning or reimbursement.

It is estimated that Heidi Diaz's scam netted her well over 2 million dollars. There is currently a lawsuit against her by prior members and her assets have been frozen. It is hoped that her site will soon be shut down due to the fraud, dangerous diet, and dieting advice.

View the report: Insider Exclusive with Steve Murphy.

For a transcript of the report: Grilled Cheese Sandwich With Pickles

For additional information:
Kimkins: Anatomy of a Diet Scam
The Kimkins Controversy
Kimkins Class Action Lawsuit
Russian Brides: Fake Kimkins Success Stories
Law Offices of Tiedt and Hurd
Google: Kimkins Scam

If you were or are a current member of kimkins you can join the lawsuit. To join, simply send your name, address, day and evening phone number, approximate join date and amount paid to Kimkins.com to kimkinslawsuit@yahoo.com.




Sources:
http://www.insiderexclusive.com/firm_cohen2.htm http://www.3fatchicks.com/Diets/Diet_Articles/Kimkins:_Anatomy_of_a_Diet_Scam/ http://kimkinsclassactionlawsuit.blogspot.com/ http://lowcarbdiets.about.com/od/populardietplans/a/kimkinsdiet_2.htm http://honeybeesblog.wordpress.com/russian-brides-fake-kimkins-success-stories/ http://tiedtlaw.com/attyBiog.jsp?x=412405&y=9668149&z=353031
http://www.allianceagent.com/
pictures: http://www.slamboard.com
http://2medusa.blogspot.com/
http://honeybeesblog.wordpress.com/russian-brides-fake-kimkins-success-stories/

Falling For A Diet Scam

It seems that everywhere you turn these days there's a new diet, magic pill, or miracle cure for those looking to lose weight. The Diet Industry is big business. Americans spend an estimated 35 billion on diet products each year. But, buyer beware. Falling for a diet scam can end up doing more than just lighten your wallet, it can damage your health, and your emotional wellbeing.

A Consumer Affairs entry by Christine, of Blaine Washington states in her complaint against Kimkins.com "I developed heart palpitations, hair loss and constipation after 2 weeks on this unsafe eating plan. I was encouraged to drop my calories below 500 per day! Luckily I stopped and saw my physician but so many hundreds even thousands of others were not as lucky..."

Rene, of Milwaukee Wisconsin also complains to Consumer Affairs about her experience with Kimkins.com. "I have had a few physical problems resulting from following this diet as laid out specifically by the founder, Kimmer (aka Heidi Diaz). I am suffering from severe and extreme hair loss. I also suffered some emotional consequences, specifically I ended up living an anorexic lifestyle, eating not more than 600 calories a day..all the while being supported, encouraged, and applauded by the kimkins organization. They gave medical and physiological reasons why this was okay to do, why it was to be supported and why I should continue."

Martha of Dearborn Heights, Michigan complains to Consumer Affairs about her purchase of BioSlim. "I ordered the diet pills over the phone they said that they were refundable if no weight loss. I also charged it to my American Express card and would like a refund because the product does not work. The reason I thought they might work is because a doctor recommended them in the commercial."

Educating yourself and researching a product is well worth the effort. Here are some signs that a weight-loss product may be fraudulent:

• claims or implies a large and fast weight loss "fast," “easily," “effortlessly," “guaranteed," or “permanently.”
• uses undocumented case studies, before-and-after photos, celebrity endorsements, or testimonials by satisfied customers.
• refers to studies without giving complete references.
• recommends a diet providing less than 1,000 calories a day.
• prescribes vitamin and mineral supplements, often in excess of the RDA.
• demands long-term contracts and/or advance payment.
• recommends eliminating at least one of the major food groups from the diet.
• states that certain combinations of food lead to weight gain.
• doesn't recommend that consumers with health problems be under the guidance of a physician.

Another way to help avoid falling victim to a diet scam is to check for existing complaints filed by consumers against a diet, or diet product you are considering.

Search the name of the product/or company at the Better Business Bureau.
Check the weight-loss section or search by company/product name at Consumer Affairs.
Check the diet section of the Complaints Board.
Search the internet using terms such as "Name of product here" dangers (or cons, or complaints).

Remember, "If it sounds too good to be true, it probably is."

See also: The Diet / Eating Disorder Connection

Kimkins Lawsuit
Consumer complaints Kimkins: http://www.consumeraffairs.com/scam_alerts/kimkins.html
Consumer complaint BioSlim: http://www.consumeraffairs.com/nutrition/bioslim.html
Signs of a diet scam: http://nutrition.suite101.com/article.cfm/avoiding_fads_and_frauds
picsource: http://www.flickr.com/photos/sodaniechea/7048568277/