Judge says Atkins diet has First Amendment protection

NEW YORK — 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 federal judge ruled Monday.

U.S. District Judge Denny Chin made the finding as he dismissed 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.

Gorran, a wealthy businessman, wanted the judge to order warning labels to be put on the Atkins books and other related merchandise, similar to the warnings on cigarette packages.

The judge said a book about the diet was not an advertisement for products but rather was a guide to leading a controlled-carbohydrate lifestyle.

Besides, he noted, Gorran acknowledged he had consumed large amounts of pastrami and cheesecake, foods the average consumer expects may increase cholesterol and the risk of heart disease.

The judge in Manhattan said in a footnote that he has had success with his own "much simpler diet, which can be described in four words: Run more, eat less."

In his lawsuit, Gorran, 56, sought unspecified damages, accusing Atkins Nutritionals and Paul Wolf, co-executor of the estate of Dr. Robert Atkins, of product liability, negligent misrepresentation and deceptive conduct.

Gorran, reached by telephone in Florida, called the ruling "an outrageous decision" and said he looked forward to an appeal.