NOTICE OF PENDENCY OF CLASS ACTION

Here is the notice that has now been approved by the Court. I will post a copy of the notice including the Judge's signature as soon as it is provided to me.

Please pass this on - forward it to every party you might think remotely interested, including media outlets you think may have an interest in sharing this information. If you are familiar with anyone who joined Kimkins, please direct them to this notice so that as many of the 40,000 people affected by Heidi's little scam as possible will have the opportunity to know they are part of the class and can opt out, preferring instead to allow Heidi to keep their money, or, perhaps, retaining their right to sue her independently.

If you previously posted this on your blog, please replace the pending version with this official one. Thank you!

Hear that banging sound? Just another handful of nails ...

NOTICE OF PENDENCY OF CLASS ACTION

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

The time is coming...

I am reminiscent today about all that has changed in my life over the last several years. Partially because so much has happened, and also because we are approaching now the 2 year anniversary of when I discovered that I had been taken in by one of the biggest online diet scams ever conceived. It is almost ironic that the court date for the summary judgment against Heidi Diaz and the Kimkins program will take place almost exactly two years after the low-carb internet community literally exploded with the discovery of her con.

I am also grateful. I am so very grateful and honored that I have many supporters and friends who have helped me through this incredible ordeal. Thinking back to the moments preceding my departure from Kimkins, I remember such an incredible range of emotions from fear, to anger, disappointment, discouragement, and just outright denial. It never in a million years would have crossed my mind that I would be so taken in and taken advantage of.

Since my departure though, time heals wounds. I move on, and am stronger. I have begun a new life. I am back in college, pressing towards a new carrier in physical therapy and nutrition. Two fields that, 10 years ago, I would have scoffed at. One might say that it was my experience with Kimkins that began leading me to this new path. It probably was, but for much larger reasons than just learning about dieting. It is now my passion and drive to educate. No-one, NO-ONE, should have to suffer the pain and humiliation that being led astray by an “educated” con artist peddling the latest fad diet can bring. It is my mission to spread the TRUTH about healthy living. I will do my part to vocalize the need for stricter regulations governing internet health and diet sites and those who run them.

I want more than most can imagine for the Kimkins saga to have its final chapter. I am ready to close that part of my story. However, wounds that deep have scars, scars that will not go away quite so easily. I cannot close this chapter till it is completed. I am not disgruntled or vindictive, but I do believe that there are there are consequences for our actions, both good and bad. The consequences for the monstrous deceptions that Heidi Diaz doled out have yet to be fully realized. I have been quiet for too long. I am still a member of the suit, and will not back down till justice is served. John Teidt has filed an unprecedented motion for summary judgment in the lawsuit against Heidi and Kimkins. I am confident that the evidence speaks for itself. It is time for Heidi to take responsibility for her actions. August 24 will be a monumental day.

Proposed Notice of Pendency of Class Action - Kimkins Class Action Lawsuit

Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

Truth - Freedom or Bondage?

"The Truth will set you free..."

How many times have I heard this phrase? I often contemplate just what it means for me. Often, it means different things based simply on what emphasis you give it. The truth... the TRUTH... THE truth... WILL set you free... will set you FREE. It has meant a bit of all of these inflections to me over the last several months.

It has been a several months since I've been here blogging about weight loss, weight loss scams (and scammer), and life. Over the last few months I've had one more surgery on my knee, plus recovery and therapy time, I have been totally immersed in a very difficult semester in school, I've been working strenuously at two jobs... Not to mention making time for my own family and personal needs.

It is because of these last few months that I must embrase the following inflection of that initial phrase. "The TRUTH will set you free..." I am having a difficult time coming to grips with what my own truth is. The only reason I am publishing it here is because I must be held accountible. Not only to myself, but to all those who follow my blog as well. Since my most recent injury and surgury, my weight has become increasingly difficult to maintain and keep under control. I know that this is partially my fault due to my inability to excercise, compensations should be made in the way I was eating. But none-the-less, I did not. Therefore, over the last 7-8 months I have put on about 25 extra pounds. This has been very disheartening for me and has kept me feeling enslaved to maintaining a lie. But I believe that by putting this truth out here like this, MY TRUTH is now laid bare, and I am not allowing any false presuppositions of my weightloss/maintenance status to be upheld.

I am dilligently working on a HEALTHY plan now to reclaim those 25 pounds lost once again and am confident that patience and perseverance will prevail. My difficulty will be in wanting to get it off NOW. This philosophy was ingrained in my not only this fast paced society that we live in, but also my past experiences. Throughout my experience with the Kimkins program, one of the things that made it so attractive was the speed at which the weight did come off. Over these last few years since I have been away from that program however, I have learned the value of attaining something that you have not only worked hard for, but have waited for with patience. True sustainable weight loss comes at a hard price. It takes time. But it is through that time that you learn healthy new habits that are also sustainable which allow that weight loss to be permanent. Rapid weight loss is never (with a very RARE exception) permanent.

It is this discouragement and "need for rapid loss" mentality which I believe is sending people to return once again to the Kimkins program. Yes, they may be able to get off once again that which they initially lost. BUT, they will once again be caught in that dangerous cycle in which they will regain, and then back to Kimkins, and on and on it will go. There is a two fold danger in that cycle. Not only is constant yo-yo dieting very hard on your body, it can be seriously dangerous. It can be dangerous for your heart, liver, and other organs that are trying to cope with the never ending starvation/feasting roller coaster. Too much of that up and down, and the organs will wear out rapidly. Not only that, but according to other health studies, yo-yo dieting can drastically reduce natural immune system cells which not only target viruses, but also aid the body fighting against cancer cells.

We lose weight initially so we can look better and feel better about ourselves. But, the other issue that I have been faced with over these last several months is the emotional damage that regaining weight can bring. Emotionally and psychologically, I have a very difficult time with self-acceptance and self-worth. When you are in a constant struggle of up and down, gaining and losing, you will also have a psychological war waging within. "I love how I feel when I'm losing," "I hate myself for gaining." This is not healthy either. Health encompases all parts of our being, our physical, mental, emotional and spiritual states combined. This is what makes us unique. When one of those parts is out of balance, the rest will be too. Educate yourself on healthy, proven, maintainable eating strategies which will allow your loss to be much longer lasting. While I cannot guarentee that will improve your self-image, I'm certain that for myself, it can't hurt!

I meant to write tonight of the impact that the TRUTH has had on me over the last several months. Not only with my personal weight gain and epiphanies on sustainable loss strategies, but also in recent events within the Kimkins TRUTH vs DECEIT saga. I will have to get into that at another time, but let me leave you with this. The truth is evident to all. With the recent victory in claiming (once again) class certification in the lawsuit against the Kimkins fraud, it is apparent that regardless of excuses and attempts to cover-up and clean-up, the TRUTH speaks for itself.

Important Lawsuit Information

This request was penned by my good friend Prudentia.. Please take a few moments to review this and feel free to contact either myself, Prudentia, or the Kimkins Case email if you would like more information about how you can help.

John is working diligently on the Certification Brief for the class action lawsuit against Heidi Diaz and Kimkins. The following is the information we are pulling together for him as he is finalizing the brief. If you can provide any of this information, please forward it either to PrudentiaBlog@aol.com, or to KimkinsCase@gmail.com. If you are concerned about becoming involved, please contact me and I will be able to discuss this further with you.


1. We are compiling a list of people who saw the person known as Kimmer, including the avatar of herself, on the Low Carb Friends board during the actual period of time she was there – during 2002 through mid 2006. You can simply send an email stating that you saw her and your name will be added to that list.

2. We are looking for more persons who dealt with Heidi while she was impersonating a consumer simply promoting the diet. For example, people who became involved in her free clothing give away. Particularly people who dealt with her as Vanessa2Lucky@yahoo.com.

3. We are looking for advertisements clearly stating that she was offering a life-time membership. These can be from between the dates of February 2006 and October 2007.

4. Heidi stated in advertisements that her diet is good for persons with Type II Diabetes. We are looking for people who read that advertisement and joined Kimkins based upon that claim.

5. We are compiling a list of those who have been banned from the Kimkins site. Please include whether or not you are “super banned” or if you can still access the front page but not the boards and membership only areas.


Again, please forward these items to PrudentiaBlog@aol.com or KimkinsCase@gmail.com so that we can compile the replies and sort out duplicates. Thank you very much for your assistance in these matters.

The SLAPP heard round the world...

I’m typically a very mild mannered person. I hate confrontation. In my personal life, I usually take too much on myself before I meet someone else head-on. That being said, in my online turned real life, I have recently been “called out.” My blogging life as of late has been an attempt to focus on sharing from my own life how I feel a healthful weight loss lifestyle should be incorporated. Part of that information sharing has been a warning and caution about succumbing to weight loss scams such as the “Kimkins” diet.

As most of my readers know, I lost my weight by (and developed an eating disorder from) utilizing the Kimkins program. I have spent the last year in an attempt to recover from that experience. This year has also seen a multitude of other changes and involvements. These changes include a class-action lawsuit against the perpetrator of the Kimkins scam, as well as my own enrollment back in college to obtain a degree in nutrition so that I can share a VALID way of eating with those around me who are struggling. The lawsuit I believe is going very well… well… that is, until Heidi Diaz decided that it would be in her best interest to try to squelch me and my fellow outspoken advocates by filing a SLAPP lawsuit against us. For more information on exactly what a SLAPP lawsuit is, please visit my good friend, Prudentia, as she eloquently explains here: Understanding SLAPP.

The purpose of this counter-suit is clear, to intimidate us into silence. Well… as far as I can see, the opposite has happened. Instead of a muffler, we have been given a megaphone. All I can say at this point is thank you. Thank you Prudentia for explaining so fluently and your undying support; thank you “ducks” for your amazing efforts in spreading the word to help others; thank you to my fellow counter-suit defendants, you all are an inspiration to me; THANK YOU John Teidt for your tireless work and outstanding bravado, and yes… thank you Heidi, for showing me just why I cannot be silenced. I have done nothing but tell the truth about my experience with the Kimkins program. Such is my first amendment right. And now, my fellow defendants, ducks, and readers I have a message:

Past, Present and Future

I will resume blogging about the Mediterranean Diet very soon, however it has been brought to my attention that there are those who are members of the dangerous Kimkins diet program who are STILL unaware of the scam, and even if they are aware of a "scandal," still think it's none of their business and see no point or reason to joining the Kimkins lawsuit. If you are one who is just becoming aware of these issues, I'd like to speak to you for a moment.

Let's go back about a year and a half ago. You’ve reached the point that so many of us who have dealt with weight issues have come too. You’re tired, and in a word, desperate. You hear of a program that gives the glorious promise that it, in and of itself, is even BETTER than Gastric Bypass surgery. Maybe that is something that you’ve considered in the past, and are at the point of seriously trying. But you want to give a weight loss regime one last try. It looked easy enough... price was less than what you've spent before, and the stories sounded too good to be true! So you joined Kimkins.

You try it for a week, maybe even a month and while it works, you decide that just like all the other programs you’ve tried.. you just can’t stick to it. So you quit and go on with your life. You don't think about it again, till you reach yet another point of desperation... and so you go back. Something has changed. The forums are dead. All the familiar faces that you spoke to and maybe even looked up to for inspiration are gone. There is a reason, so you begin looking around on the internet for answers.

You discover that this program is different. Unlike other legitimate weight loss programs, this particular program was not only begun as a blatant scam, those who have followed it for any extended period of time have become sick.

These are not people who were prone to eating disorders. These are normal individuals who have developed serious psychological issues thinking that they just were not strong enough to follow a diet program.

Those who did follow it, EXACTLY AS WRITTEN, have severely damaged their metabolisms, suffered thyroid damage, gall bladder damage, intestinal issues, severe hair loss, electrolyte and potassium deficiencies, major muscle loss (including heart damage) all of which have seen many in emergency rooms, facing surgeries and extended and lengthy recovery times. These issues are not exaggerations. They are life threatening realities.

The owner of Kimkins dot com not only admitted under oath that she lied about her own weight loss, but she has shown no concern or care towards those who have been damaged by the diet that she published and voraciously broadcast around the world.

Heidi K Diaz, founder of Kimkins, not only scammed you and me out of our money, but has risked thousands of people’s lives with her carelessness.

In October of 2007 a lawsuit was launched because of Heidi’s refusal to refund unsatisfied customers their money. This lawsuit has become even more than a quest to “get money back.” Heidi has since proven that not only did she intentionally perpetrate this particular scam, but she fully intends to continue dishonestly swindle unknowing and unsuspecting consumers unless she is brought to justice.

Many people have used the rationalization that “I have spent hundreds, maybe even thousands of dollars on other weight loss remedies, and this is just one more, so I have no reason to get involved in a “petty” lawsuit just to get my $59.99 back.” Maybe that is where you are.Consider this, over the course of the last year, Heidi Diaz has deceitfully obtained almost 2 Million dollars. In the month that the Woman’s World magazine article came out, Heidi accumulated 1.3 million. All these funds were obtained on the basis of a fraud. While one payment of $59.99 might seem minuscule to some, in accumulation, they were an incredible sum. So far in the lawsuit there have been multiple depositions, not only of Heidi, but those who have aided her in her deception. Heidi has had 3 depositions, both her sons have been deposed, as has an aid for her lawyer.

The lawsuit is not certified yet, so it is NOT too late for you to participate!

Please go to The Kimkins Lawsuit Webpage for information on how to join the lawsuit. For step by step instructions you can see the “How To Join a Lawsuit” instructional video on YouTube, as well as multiple other reports regarding developments over the last year within this case.If you are still not convinced that you should step in and help by joining the lawsuit, then think of this: Suppose it was your sister, or mother who had been damaged such as many of the testimonies on Kimkins Survivors. What if one of them suffered a painful and extended stay in the hospital due to malnutrition and possibly even heart failure due to their body being so deprived of nutrients it began to shut down? Even if you have not experienced any of these things, there are those who have. Please take 5 minutes to review the information on joining the lawsuit so that together we can stop Heidi Diaz from continuing to hurt people in this manner.



Our desire is that Heidi Diaz would realize the err of her ways and shut down Kimkins dot com. This however, is unlikely to happen. Our hope and course of action now will be to demonstrate to the judicial system the danger that she poses as a con-artist to the general public. We will civilly remove her funds through this Class Action Lawsuit, and criminally, prove that she committed a dangerous consumer fraud to whatever entities may be pursuing this case. The more participants within the lawsuit, the greater our chances of both of these objectives happening.

Heidi has fully demonstrated that she will continue to find new ways to con unless we are successful. She has refused to be honest in ALL of her depositions, has destroyed evidence, hidden her income, and manipulated the justice system through delay tactics that will only continue to drain money away from those who deserve to get their money back. Please think about those who have been hurt. You will not be required to testify or face Heidi. You will only be lending a voice to many.


This post was originally put together for MissMerize AKA Avenue girl who is putting together an informational video to share with those who are still not aware of the atrocity that is Kimkins.

The Best Laid Plans

“My son, if sinners entice you, DO NOT CONSENT… If they say, ‘Let us ambush the innocent without cause…. We shall find all kinds of precious wealth, we shall fill our houses with spoil; Throw in your lot with us, we shall all have one purse’…. My son, DO NOT WALK IN THE WAY WITH THEM. Keep your feet from their path…. For their feet run to evil… They ambush their own lives.”

Proverbs 1:8-18 (paraphrased)

Thousands of years ago Solomon gave this advice to his son as one of his first instructions. It is amazing that this advice still holds true millennia later.

Thanks to the combined effort of some incredible super-sleuths, the identity of a certain poster who has been as staunch defender of Heidi has been accurately identified. I was admittedly surprised when I was approached with this theory. However, as was revealed through more investigation and finally IP identification, this person has misjudged that TRUTH can really set you free from the trap that you set for yourself by taking up with those who ambush the innocent.


Gary Fontaine, Kimkins admin, has been secretly flaming in some of his most recent pro-Kimkins antics. From posting on AmyB’s blog with criticism and harsh verbal taunts of her son and his medical issues, to his latest, and possibly most anonymous, stunt. Up until this last week, it was assumed based on what circumstantial evidence was gathered, that the poster within the Facination With Kimmer threads on LCF known only as “Crispybread,” was Heidi. This same poster linked to several outside blogs which commonly poked fun at, slandered, and even psychologically threatened members of the lawsuit against Kimkins, and those who had been vocal in their stance against Heidi Diaz’ deceptions. However, it is now CONFIRMED, that the true identity of Crispybread, is in fact, Gary Fontaine.

Gary, I can only hope that you have seriously thought through your participation and cooperation with Heidi in the intimidation and slander of key witnesses in the Kimkins lawsuit. There is no recanting what has already been said. Yes… it is too late to take that back.

HUGE special thanks to all who helped in bringing this truth to light: TheTRUTH, Prudentia, Becky, and Tom for confirming the IP locations. Thank you all for demonstrating what can happen when we come together as a team in a combined effort. YOU GUYS ROCK!!!

An Open Letter to Kimkins Members

I wrote the following letter/reply to Kimkins member DeeDLynn in response to her posting within the Kimmer threads on Low Carb Friends. I wanted to re-write and post it here as an open letter to all remaining Kimkins followers. There are other points and issues that I’d like to address, but I will save some of that for another blog.

Here was my letter:

I have thought about responding here for the last couple of days. While I would hope and pray that my words here would not fall on deaf or cynical ears, I still feel that I must say something.

Dee, I have read your blog and all your posts here over the last several days. No doubt you know who I am. If you joined Kimkins in June of 2007, (and I’m not saying this to be conceited or “look at me” but just stating a fact) then you joined because of my face. I hope you will at least give me the benefit of the doubt and respect what I am saying just as you ask of your words.

As one of the FIRST “successful” Kimkins diet users, I was one of the original guinea pigs. I do take responsibility for what I put in my mouth. I will admit that I did not go to my doctor prior to starting the program. However, when I joined, I was under the mistaken impression that to have a diet program and to sell it, you surely would have had to have a doctor’s approval for it before marketing! I was very distressed when I began working for Heidi and asked if there was one, and her response…. Something along the lines of: just that my doctor said what I did was ok… yeah… haha I guess I really need to get that done. Strike #1

I take by your posts that you enjoy the weight loss that you have seen using Kimkins. Good for you. I did too. It’s almost addicting isn’t it? We liked seeing the scale go down on a weekly/daily basis. It was invigorating and gave us such a sense of accomplishment. Almost to the point that after a great deal of loss you trust the person you’ve looked up to for months (much like those at KK look up to you I’m sure) to let you know finally what you should do to get that last little bit off, which is what I did in listening to what Heidi instructed me to do.

You may remember that last year prior to leaving KK, I had a post that was in the main lobby titled “Christin’s FAQ – I Did it and You Can Too.” To which Heidi replied – “Always wondered what you did ;) Proud of you girl!” Within that thread I posted my menus and exactly what I was eating. Heidi, as the owner and founder of the site and the diet, had a RESPONSIBILITY to correct me if what I was doing was NOT what she was promoting or encouraging. Instead, it was sticky’d at the top of the page where it was the first thing that every new member who came in saw.

So I guess my next question would be then… you say that I was being irresponsible in eating the way that I did when following “The Plan” by eating so few calories. But, that was what I (and many others like me) were instructed to do as that was Kimkins. So I guess I’m at a catch 22 in what you are saying here and I hope you can help me understand. So I should NOT have listened to Kimmer when she personally told me (yes personally as I am one of few who she spoke to EVERY DAY) to NOT stress about low calories, that it was PERFECTLY fine if my cals were at 500 or less? But how does that justify or make any different that you are listening to her diet advice now? So it’s upped by 300 calories… Does that NOW make it nutritionally sound? Strike #2

So does it change things now that since she’s “apologized?”

Think about it this way… if I hurt you and many of your friends and I got caught… so in order to make the peace I said… “I’m sorry if you feel like I hurt you.” Would that make things better? No. Because you would know that my apology was not sincere. I gave Heidi multiple opportunities to come clean in a “safe” way. I presented her with the issues and asked her to address them. Not in a condemning way, or angry and hateful manner; but in a professional and simple request as her PR representative. She would not answer me. In fact, it was not until the lawsuit and her pending deposition (which these Ducks have so eloquently pointed out), that her arm was “twisted” to finally come clean. I too am of the opinion that had it not been for the pressure that was provided through that avenue, she had NO intention of coming clean, OR changing the diet. Strike #3…..

No one ever likes to be contradicted or “told” that they are wrong. I completely understand. You said that you came out and posted here on the fascination thread because there was “falsehoods and gossip” written about you. Believe me, I understand. I’m not sure how long you have been following the controversy, but, last August especially, there was plenty being said about me, and my friends within Kimkins. I too was mad at the time. However, instead of running out here and trying to defend everything that was being said, I decided to take the quite approach and do my own specific research on the issues that were being raised.

Honestly, and I mean this, what I found was an incredible group of people who really do care about people getting hurt. NOT a group of “haters” and “negative Nancy’s.” In trying to disprove them.. I actually disproved myself.

Now, you can take this or leave it. You are correct that you chose your own path. We may end up having to agree to disagree about the Kimkins program and its safety. I only wish your health and happiness. But I would be doing you and many others a horrible disservice if I did not share with you what I know to be true. In working with John, I have personally read many legal affidavits and heard heartbreaking stories of those who have gotten sick and worse by using this program. This is not about money. I don’t care about money. I agree with the above poster who said John and Heidi’s lawyer can have it all… if it only means that people will cease to be hurt by following dangerous diet advice; which IS still being handed out whether you see it or not. I know Heidi. It’s not changing on the underneath side.

I wish you the best Dee…. If anything just THINK about what is presented to you. You don’t have to respond to me. Think about those who are hurting, physically, mentally, and emotionally. Don’t discredit them, because, just like you and I, they too have a voice… I choose to listen to them.

_____________________________

Dee responded to me and I am afraid that we are at a cross roads. She and all of you will have to make your own decision as far as your eating plan goes. My utmost desire is that you be healthy. I do not believe that Heidi Diaz has your best interest and overall health at heart. But that is between her and the Lord. It is my responsibility to educate according to my experience. After all, that is the way we learn right? We learn based on our own, and other's experiences.

Heidi Diaz is not to be trusted. As many of you believe that she has told the truth and apologized, I know she has not fully come clean. And sorry Dee, but she did NOT tell the whole truth at her deposition. She did lie under oath. It was only when faced with proof in her own writings that she admitted lying.

Please also know that any of you can contact me if you have any questions or even just want to talk. I will not judge or condemn. I only want to help you understand what so many of us have come to know to be the truth. When discerning if something is true or not, simply look at the fruit... the only way to know is to look at the facts with an open mind. Weigh for yourself (based on cold hard facts alone, not emotions or what is "working for you") whether or not this is a person and business you can, in good conscience, support.

Once again, as you consider what is placed before you, I leave you once more with this thought: Think about those who are hurting, physically, mentally, and emotionally. Don’t discredit them, because, just like you and I, they too have a voice… I choose to listen to them.

Not KO'd Yet.... Not even close.

I have been transparent in my stance regarding the Kimkins program and Very Low Calorie eating plans.

I believe that everyone needs to find a program that will work well for them in regards to a sustainable eating and weight loss. Do I believe that Kimkins is a valid program for weight loss? No. Anyone can lose weight by restricting their calories to dangerous levels. I did. But as I have stated before… the maintenance of that loss has been extremely difficult. There are also serious medical issues that can arise from participating in such a program. I do take full responsibility for the food that I put into (or did not put into) my mouth. HOWEVER, I will also say that I was pushed and encouraged daily in the way that I was eating.

I want to make something very clear. I will not be intimidated. I will not back down from my stance against a very low calorie diet and the detriments that it can bring.

I have already begun working on a degree to bring a certification and official title to my convictions. I want to fully understand the medical and nutritional aspects behind the benefits of a low carb diet, and be able to back up my beliefs and statements. But I will NOT be intimidated into silence.

I am very grateful to those who have helped me along the way to understand the dangers of this program and who have helped me understand the fallacies even in my own way of eating.

Have I made mistakes in the past? Absolutely. I would not be human if I had not made mistakes. One of my mistakes just happens to be a lot more public than others. I, however, have peace. I know that my mistakes are forgiven. I have a Lord who forgives me and has given me forgiveness for those who have wronged me. I do not harbor any bitterness. I do however, have compassion and concern for those I feel are being wronged and harmed. I want to make sure that I take full responsibility for my wrongs or misleading; and, as long as I have a voice, I will fight for them. I will expose the dangers of falling prey to a scammer and to a very low calorie diet.

Don’t go anywhere folks… the story’s not over yet.

I was "Semi-Starving"

It is a well known and well published fact that Heidi Diaz of the Kimkins Diet does not believe in what the medical community deems "Starvation Mode." This was one of the topics that I addressed to her in the letter which resulted in my termination. Although there is plenty within the scientific community to prove and explain this phenomenon, Heidi has always held to that these beliefs were falsehoods and that "she didn't buy into it."

Here is just some of what she claims to believe (taken from conversation with Kimkins Admins, August 1, 2007):

"We are low calorie after ketosis kicks in or with the shake option, but those calories are identical to post-WLS patients (500 cal a day for months), original Optifast and Medifast (450-700 cal a day for months).

I don't think we can fight the "1200 calorie a day mentality". Some people cannot understand that your body takes the calories it needs from body fat if the calories you eat are too low to sustain current weight. If you need 2500 calories (250 lb person) and eat 500 (number picked for easy math), the other 2000 are taken from body fat....

I don't believe in starvation mode. I cannot and will not say anything about minimum calories. A grilled chicken breast and a 1 cup USDA serving of mixed greens is 200 calories. It just is. Adding fats or starches isn't "healthier" to up the calories."

Heidi would also regularly compare victims in concentration camps surviving on 300-600 calories or less a day. What she failed to acknowledge in this analogy was that most of those prisoners DIED. Many due to starvation. It was because of those horrible restrictions that the Geneva Convention specifically addressed the treatment of POW's and their dietary needs.

I have often compared the symptoms that many people have experienced utilizing the low calories that NATURALLY come by using the Kimkins program, to the side effects experienced by anorexics. I have seen bits and pieces of the scientific studies on this, however none more concise than those found in a study recently provided to me by a reader here on my blog.

"Sixboymom said:

Christin, I'm not sure if you remember me, I'm sixboymom from the kimkins site. Anyway, I read this article yesterday, and it explained to me what I went through after starting Kimkins the first time. I never got as bad as the sever cases, but I did develop MANY of the symptoms. I wanted to pass along for other Kimkins survivors to see.

The Effects of Semi-Starvation"

This study, performed on men, consisted of restricting their calories to HALF of what they were accustomed to eating. If these participants were eating according to average consumption for men, that would be approximately 3000 calories. Half would then be about 1500 calories for the purposes of a SEMI-STARVATION study. This is more than DOUBLE what the average person on a strict Kimkins diet is eating.

Many of these symptoms I experienced and didn't even realize that it was due to my eating habits. For example:

"One of the most of the striking changes that occurred in the volunteers was a dramatic increase in food preoccupations. The men found concentration on their usual activities increasingly difficult, because they became plagued by incessant thoughts of food and eating."

"...as well as corresponding declines in interest in sex and activity during semistarvation"

"They made what under normal conditions would be weird and distasteful concoctions," (This reminded me of the "weird" concoctions that I made while participating in the Egg White Challenge)

"Sexual interests were likewise drastically reduced....One subject graphically stated that he had 'no more sexual feeling than a sick oyster.'... The fact that starvation perceptibly altered sexual urges and associated conflicts is of particular interest, since it has been hypothesized that this process is the driving force behind the dieting of many anorexia nervosa patients."

"As the 6 months of semistarvation progressed, the volunteers exhibited many physical changes, including gastrointestinal discomfort; decreased need for sleep; dizziness; headaches; hypersensitivity to noise and light; reduced strength; poor motor control; edema (an excess of fluid causing swelling); hair loss; decreased tolerance for cold temperatures (cold hands and feet); visual disturbances (i.e., inability to focus, eye aches, "spots" in the visual fields); auditory disturbances (i.e., ringing noise in the ears); and paresthesias (i.e., abnormal tingling or prickling sensations, especially in the hands or feet"

The list goes on. I would encourage you to take a few minutes to read this article as it is very informative. Thank you Sixboymom, yes, I do remember you. I hope that your health has turned around and that you are improving now. Heidi, I ask you again, please show me the proof that Starvation Mode does not exist. I would wager that you will be hard pressed to find it.

New Year - NEW LIFE

As I write this post, I am lying in a hospital bed recovering from an auto accident that occurred on January 1 of this year. Praise the Lord, my injuries are the worst of my entire family and are minimal compared to what could have taken place. Here is a photo of my family’s vehicle after the accident (my husband was driving and my 2 young children, ages 2 and 4, were riding in the back seat).



My injuries involve an acute concussion, swelling and contusions in my brain, laceration to my right eye, and severe bruising over my entire body, that will all take time to heal.

These days in the hospital, however, have given me time to reflect over this last year. Over the course of 2007, I have lost 100 pounds. I have fallen prey to one of the most incredible diet scams of the internet community, I have been on the front cover of a magazine, and in national news, yet, for what cause?

As a formerly habitually overweight person, I too know the pain and turmoil that comes from living that lifestyle. As I have said in my testimony previously, I have yo-yo dieted my entire life. I never seemed to find “that one magic bullet.” I am here to tell you now, there IS NO MAGIC BULLET. I thought I had found it, I thought I found my one answer. I lost weight, but not until after my “success” did I realize the damage that I had done to my body through the diet. Here I am almost 1 year later and I am still struggling daily to maintain and keep a grasp on my weight. It is NOT EASY.

There are many timelines across the internet which will provide you with great detail into how this twisted story unfolded, so I will simply share a short synopsis from my experience:

The Kimkins diet program was started by Heidi Kimberly (Kimmer) Diaz several years ago during a dieting stint in an internet community called Low Carb Friends. Never actually having successfully completed the program, Ms Diaz gave the appearance of being her diet’s ‘leading lady,’ completing and maintaining her loss for at least 5 years. This led to Ms Diaz’ rising popularity as “one with answers” within the internet weight loss community.

Soon Ms Diaz took her program and created a new website. She touted her weight loss “success” and popularity as basis for creating her own pay-per-membership website. The rising popularity of her program reached its peak when it achieved national recognition on Woman’s World Magazine in June of 2007 with the byline “Better Than Gastric Bypass.” This title led to an explosion of Kimkins membership with led to an estimated $3 million in revenue for Ms Diaz. The hitch?

1)Ms Diaz never lost her claimed weight to begin with.















2)The diet program is unsafe and can cause severe damage beginning with slow, unrecognized starvation and malnutrition.



















Through the next few months, the dangers of this program became increasingly evident as more members began complaining of the same symptoms and side effects. Slow and steady starvation methods utilizing a caloric intake of significantly less than 1000 calories a day was the norm. The daily intake of less calories and less fat was not only encouraged, but praised as new members began to feel “snatty” (Slightly Nauseous All The Time), lightheaded, and generally weakened. Tips for controlling hunger varied but all were primarily synonymous with little to no caloric intake. All for the sake of losing weight fast. But at what cost to the individual’s physical and psychological condition?

Disguised eating disorders emerged; serious malnutrition indicators like hair loss, heart palpitations, electrolyte and potassium deficiencies were commonly reported. I did not learn of the potentially deadly side effects of my eating habits till after I completed the program. I had shrugged the symptoms that I had off as “typical” or short term.

Bottom line, starvation works to take off pounds – here, just like in Ethiopia or Dachau. The difference is that in those sad places, the people knew they were starving. Kimkins moderators are merely overweight peers with eating disorders of their own (speaking from personal experience), completely unqualified to assess what constitutes nutritional dangers.

Do not let the tantalizing beauty of rapid weight loss hinder the ultimate goal of a better life and good health.

There are many effective and safe weight loss programs out there today. Diet responsibly; do your research; always remember to speak with your physician regarding your plans. Do not desperately trade obesity for broken health.

No one is above the law...

It is hard for me to understand how many people feel that they are somehow immune to the laws and regulations that govern our country. Without them, we would have nothing but chaos and disorder. This country was founded on morals and principles which, for the most part, we subscribe to in an effort to live peaceably and in harmony with our fellow citizens. There are those, however, who feel that they are above those laws and have a skewed view of what constitutes moral and legal behavior.

The actions and behaviors of Heidi (Kimmer) over the last several years have demonstrated that she feels she is not susceptible to same moral standards that most of us attempt to uphold.

The following is an excerpt of a conversation that we held on August 14th of this year, in which Heidi attempted to explain to me why it would be "impossible" for anyone to bring a class action lawsuit against her and Kimkins. I would also like to demonstrate the encouragement within this conversation for a menu for a Kimkins Boot Camp example that is barely over 700 calories. In the menu that I give in this example, I was attempting to put together a menu that was OVER 700 calories. It was very difficult, but notice that instead of encouraging larger portions and higher calories, Heidi was very ENCOURAGING of my attempts to put together a "safe" but still low calories boot camp menu.

Heidi: :)
2:08 PM christin, have time for Law 101?
2:13 PM me: sure
:)
Heidi: in a nutshell, there can be no class action suit or any lawsuit
first they have to prove causation. very difficult. then proximate cause. even harder.
2:14 PM then there's "but for ..." hardest of all.
but let's say they do that. where will they get a lawyer?
if you were in a bad car accident -- broken arm, concusion but hit by a poor person with no insurance
you COULD NOT get a lawyer. there's no 'recovery'.
2:15 PM there's no money to receive.
it's the same with kimkins. there's no $$$.
they don't even have jurisdiction.
me: all that... for a $60 refund ;) nope... not worth it
Heidi: no lawyer would touch it. they don't even know who "kimmer" is.
2:16 PM well, in a real class action suit the company is ordered to pay legal costs. but who will pay?
did you see that petition?
what the hell kind of petition is that?
me: I haven't looked at it today
Heidi: the FDA must be laughing their a$$ off.
2:17 PM me: :) we're not offering any FDA regulated products ;)
Heidi: we will do what we can with XXXXXX XXXXXX, which probably isn't much.
and then move on. same as with XXXXXX.
me: right
Heidi: i haven't replied on purpose. and i'm sure it's making 'somebody' very mad. :)
me: lol
2:18 PM Heidi: anyhow, bottom line for today's law lesson: no recovery, no lawyer
me: hey... how's this sound for an "acceptable" boot camp menu:
bfast: 2 egg omlete w/ 1/2 cup tomatoes, 2 oz lean ham
2:19 PM lunch, 4oz ground turkey "taco" salad, 2 cups mixed greens and 1 tbls of salsa for "dressing"
Heidi: 1/2 cup tomatoes is half of list 2 veggies for the day?
me: yes
Heidi: k, go on
me: dinner 4 oz grilled dill salmon and a 2cup spinach salad
Totals:
2:20 PM cals 705, fat 35g, carb 11g, protein 82
Heidi: not bad!
2:21 PM sorry, addition to law lesson for today
me: this also does not include the dressing on the spinach salad ;)
Heidi: have you ever sued anyone? or family court?
me: no
Heidi: ahhh, ok.
when you file "moving papers" (lawsuit)
me: I have testified in a restraining order hearing.. that's about it
2:22 PM Heidi: you have to make allegations. they must be substantiated.
me: backed up w/ doctors reports etc
Heidi: not just that
1) prove their health before kimkins
2) prove that "but for" doing kimkins they would not have damages
2:23 PM 3) MUST have damages (be hurt)
all of this takes $$$. they have to hire a doctor, get tests, deposition of doctors & whoever they can find at kimkins ;)
2:24 PM AND doctors & experts testify at 4 hour minimum increments. $300-500/hr, $1500 a day
plus their initial filing fees
no lawyer will take that on if they can't recover the $$$
me: of course not!
Heidi: want proof (lol, like you're calling me a liar)
when you're bored with nothing to do today :D
2:25 PM call a local attorney make up a story
me: yeah... cause I ain't got nothing else to do ;) LOL
Heidi: "i was in an accident today blah blah and make it bad ... tell him that the driver is uninsured and so are you."
see how far you get.
2:26 PM technically you can get a judgment and sue the person in court. but so what? how would you get your $$? can't.
it's called "deep pockets". kimkins doesn't have any pockets. :)
honestly, i'm not as dumb as they all think i am
me: LOL Don't have to tell me that!
2:27 PM Heidi: XXXXXXXXXX's husband is a lawyer. you don't notice him jumping on the lawsuit bandwagon.
me: that does put my mind at ease though a bit... I think anyone even attemptin such a thing right now would get really discouraged really fast
Heidi: listen
me: so thanks for the lesson!
Heidi: there's nothing for them to do BUT
2:28 PM if anything ever happened and you were involved, i'm here for you $$$

Heidi at this point obviously thought that she was above even consideration for a class action lawsuit, not to mention criminal legal action.

In the last week I have observed many actions for which I am saddened. It is important to remain focused. The purpose and internal wheels have not ceased. There are many important factors to take into consideration when shutting down an illegal operation such as Kimkins. This is the time to continue to remain focused on getting the word out about the dangerous program that is still taught and demonstrated within the Kimkins website and forums, and preventing others from falling prey.

I again want to stress the importance to those out there who have not already, to join the class action lawsuit that HAS been filed against Heidi Diaz and Kimkins. If Heidi is to be stopped, then action must be taken.

Purposes and PR

I want to begin this blog by thanking the many many members of the Low Carb Community for your overwhelming support and kindness to me over the last few weeks. I have such a wonderful caring community, and I do value each of you.

As I was preparing for my trip to New York to be on The Morning Show with Mike and Juliet I really had to search within myself for what exactly was my motivation for going on the show. I want to share with you all an email that I received this morning from a former Kimkins member, Tina AKA Lil_Red. Tina has been emailing me since I left Kimkins in an effort to determine and discover for herself where her own journey would take her. I want you to hear this in Tina's words as she describes what she has discovered about herself and this program that all of us were so convinced was our golden ticket to permanent weight loss:

"Hello ,
My name is Tina Coates aka Lil_Red. I wanted to write this out for everyone to see. I am not doing this to win brownie points with anyone, I am doing it for the purpose to let the past, present and future Kimkins users know that this is not a healthy nor safe diet. I joined Kimkins in June of 2007 withe same intent as everyone else; to lose weight as promised , fast and safe. I have since then started to have issues with my health. The first issue I had was about the end of July. I started to have really itchy burning skin. All over my body not just in one area. I first noticed it on my face. When I would scratch or rub it would burn and hurt like heck. I chalked it off to what others kept telling me "oh it's probably an allergy Lil_Red " , "what have you ate different?" I cut out things I thought it might be. That meant eggs, aspartame, splenda and I even avoided any contact with the sun, thinking it might be a sun allergy. Nothing worked. Continuing on to lose the unwanted lbs I started to experience hair loss. At first it was a couple of hairs here and a couple there. I thought nothing of it because I had thick hair. I use to joke around saying to my hair dresser "well, at least I will never go bald!" Now that just isn't funny anymore as I have little hair left. And yet, I continued on still to shed the lbs. I started to have chest pains , thinking it was around the gallbladder area I would go and have it looked at. I went in for the blood test and it is not my gallbladder. I am still uncertain what it is. I still get the pains and shortness of breath. I am hoping you will read my story and know this is for real. This is not a joke. And I am in no way saying this to get publicity nor am I saying this cause I had anything to do with Heidi aka "Kimmers". I am saying this to warn you peple this is dangerous. You can lose the weight in a healthy way. Thanks for reading my story."

Tina - you are not alone.

While on the show I was challenged by the new PR director of Kimkins, Jeannie AKA Tippy Toes, in my statement about how I hear every day of people being hospitalized, hurt, and sick through utilizing the Kimkins program. Jeannie, in answer to your request, I do hear you. I present for you though Tina, who is just one of many stories I have been witness to now since leaving Kimkins. Look around your forums. When I left, people were posting daily about issues that they were having looking for answers. Their bodies are screaming in malnutrition and they are simply encouraged to speak to their doctors. I understand that answer, and gave it myself even. But the issue does not lie there. The issue lies in the original problem, with the nutrient deficient program that they are following.

Kimkins as a diet is not stable. Yes, the "minimum" calorie count has been upped to 800. But I'm here to tell you, I put together, while I was still working for Kimkins, a Boot Camp Menu in an effort to "prove" that it could be done with a higher calorie count. Utilizing the specified protein limits and vegetable limits given for that option, I was only able to come up with a menu that totalled just over 700 calories. I have proof via screen shots of Heidi stating that the boot camp option usually averaged around 500 calories a day and that's the way it is. I'm sorry, but 2 cups of lettuce for lunch and dinner and 1/2 a cup of cooked veggies a day is NOT enough to provide the essential vitamins that our bodies need.

While the plans on the inside may be changing, what is published has not. What about all those who have joined, printed the lists, and taken them at face value. They put it on their refrigerator and read "no more than 20 carbs," and they take that as is, never coming on the forums to ask questions or for clarification. Kimmer (Heidi) herself adamantly insisted to myself, Becky, Deni, and other moderators that when you take her plans and tweak them, they are no longer Kimkins. You have now simply published a modified Atkins program which will leave you open for even further legal complications.

Yes, people are getting sick, and I have proof. Not from extremes, but from doing exactly what they have been told and understand. There is no amount of public relations spinning that can be done to give the peace of mind back to Tina that her health has not been harmed. It cannot give another member's gall-bladder back. It cannot undo the fear of another who spent days in the hospital due to an electrolyte crash. These are not bogus stories made up by someone who had a vendetta against Heidi or the program. These are real people who are suffering.

My question is... how many more? Jeannie, this is in no way meant to question your credibility or motivation. I had the same motivation and received the same emails as you speaking of encouragement and motivation. You can still motivate people in weight loss without endangering. We can still motivate without aiding a criminal fraud.

Will it take someone with a heart condition dying of a potassium deficiency? How many more must suffer?

Kimkins In the Light

My friends, as I write to you today I have a mixture of emotions ranging from relief, to sadness, to grief, to peace. Late last night across the country links began to go out to a news story that aired on Los Angeles, California's KTLA news station. The title of the story - "Internet Diet Scam Exposed."

Watch the Video HERE

I don't think that much more needs to be said other than I can confirm now that the voice of Heidi Diaz within this video stating "No Comment" is the same voice that I have spoken with multiple times over this last year as "Kimmer."

Please take a moment today to pray for Heidi and all those who have been hurt emotionally, psychologically, or physically by all of this.

2 Corinthians 3:16
"But when one turns to the Lord, the veil is removed. Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom."