Kimkins Court Hearing

There was a hearing today for Summary Judgment for the Class Action Suit against Kimkins.

All the details are not out yet, but it was decided that Heidi has to post an "Opt-Out Notice" on Kimkins. The notice is also to be posted on one more site in order to reach as many class action members as possible.

The Opt-Out Notice will give the option for any eligible class action member to reserve the right to sue Heidi individually instead of taking part in the class action suit. I don't see it as likely that anybody would want to do this in this case, but it seems to be a requirement for any class action lawsuit that this option is provided.

So much for the lawsuit being dismissed, Heidi. I'm looking forward to seeing the Opt-Out Notice on Kimkins.con. And your explanation for it.

The End of Kimkins

Is that what we will see from the upcoming court hearing on October 15? Despite what Heidi Diaz claims, the case was not dismissed, the judge was just not ready to make a decision and postponed doing so. To my understanding, this didn't even have anything to do with the viability of the lawsuit. It had to do with an opt-out technicality for the class action members. (Typically, a class member is given an option to not partake in a class action lawsuit in order to be able to sue the defendant individually.)

Heidi seems to be struggling to keep kimkins afloat. The forum was moved to a new platform and without all the old posts from the previous years, it is very obvious how few members that are there. Her google ads have stopped. It's likely that they didn't result in many new customers and they are costly to run.

Heidi is most likely finding out that internet marketing is not all that easy. Without having the advertizement from a Woman's World article that draw customers, it's not easy to attract them to an obscure diet on the internet. Kimkins has outlived its fame. The only ones that are familiar with the name are people that know about the scam, and they don't work well as a customer base. Any new people coming across the website are likely not impressed.

I do hope that the court hearing on Thursday will result in Heidi having to close kimkins.con down. But even if there are further delays, I am positive that kimkins is a dying enterprise. It's just a matter of time. I can't see that Heidi would keep kimkin.con running as a service to the few members that are there. Judging from all the bannings, she is not really a caring person.

Of course, the hearing on Thursday might not even take place. Perhaps Heidi decided to file for bankruptcy again. But this time, I think she might have problems showing much income from kimkins.com. So why would a bankruptcy court allow her to restructure a business that doesn't even make money? Hopefully any bankruptcy lawyer she has hired would have informed her about this so we can avoid yet another unnecessary delay of the class action hearing.

The "New" Slimmer Kimkins

No, I don't think Kimmer herself has slimmed down, but the website has.

While Heidi Diaz has tried to copy the design from the old site, it shows that she doesn't have the graphics knowledge that her previous web techs had. Of course, it's costly to keep a professional team on board and when there is little income from new members signing up, Heidi apparently decided to take it over herself.

New Kimkins

Old Kimkins

The previous site was build on joomla and firebird forum which, while free, require some web program ability. The new site is using SMF (Simple Machines) forum software which is free and simpler to configure. If it were me, I would have invested in the very affordable vBulletin forum as it's very easy to use. And, that's what I did on my forum: Tipping the Scales to Health.

Did you notice that she has even changed the Kimkins logo? I recall that there was someone that showed how the original was copied from one of the Russian Bride websites, so perhaps this is an attempt of avoiding this being brought up in the ongoing Class Action Lawsuit.

The new site displays a lot of old success stories. People that are not seen on the Kimkins forum any more (if they were even there in the first place). Where are these people now? Unfortunately, I believe most of them have regained their weight. It happens more often than not following a starvation diet like Kimkins. I do hope they have found a more sensible weight loss program by now and are working towards health and not continuing the yo-yo cycle.

And it doesn't matter if Heidi is now trying to rewrite history. The class action lawsuit is still going strong. Heidi told her members that it had been dismissed, but that is not true. A decision for summary judgement was delayed, not dismissed. You can see for youself: Say NO to Kimkins has posted the pdf file of the decision.

Kimkins in the News

Guru Sued for Alleged Diet Scam

Kimmer about the Lawsuit

Heidi Diaz finally allowed a thread about the lawsuit on kimkins.con. AmyB reported on what Kimmer had to say in her post a few days ago: Why am I surprised.

What Heidi Diaz seems to have the most difficulty to understand is why her own weight would be an issue. Why her own failure at losing weight on the Kimkins Diet would reflect on the effectiveness of the diet. If that is really the case, why did she have to lie about it in the first place? Clearly, she knows that she would never have had any members if she had put up a real photo of herself.

She now argues that she has lost 100 pounds (several times!) and just couldn't keep it off. The diet works, in her opinion. So why would you want to starve off 100 pounds just to turn around and regain it all, even faster than you lost it? Possibly having damaged your health permanently in the process? To me, that just seems like self-inflicted torture.

Heidi also claims that members got what they paid for: a weight loss diet that works. That's not quite accurate. If Heidi cares to re-read her own promises on former front pages on the Kimkins.con website, she can easily see that Kimkins promised not only weight loss, but being able to maintain that loss. And, she offered up her own alleged weight loss success with 4 years maintaining at 118 lbs as proof (or 5 or 6 or 7 years, depending which version you read).

Heidi correctly says that the class action seeks an injunction against the Kimkins website; to have it shut down. Again, she can't really understand why and compares Kimkins with other diets like Jenny Craig and Weight Watchers where dieters also often end up regaining. She fails to see that these other diets don't necessarily jeopardize your health. If you did follow Kimkins as prescribed; 500 cals or less of lean protein and veggies, you more likely than not suffered health consequences. Just read the testimonials on Kimkins Survivors. We want Kimkins.con to be shut down so not any more unsuspecting, desperate, dieters get hurt.

Heidi also has a lot to say about money. She claims that the plaintiffs are all in the lawsuit to get back the money they paid for the membership. Nothing could be further from the truth, and I think Heidi knows this. I don't expect to see a dime in refund. I just don't want Heidi to get to keep the money she fraudulently obtained from me. And, I don't want Heidi to continue to operate a business that was built on fraud.

Count Down for Kimkins

Kimkins Yo-Yo Diet

Wikipedia:

Yo-yo dieting, also known as weight cycling, is a repeated loss and gain of body weight due to excessive dieting. ... The reasons for yo-yo dieting are varied but often include embarking upon a diet that was initially too extreme. At first the dieter may experience elation at the thought of loss and pride of their rejection of food. Over time, however, the limits imposed by such extreme diets cause effects such as depression or fatigue that make the diet impossible to sustain. The dieter reverts to their old eating habits, and with the added emotional effects begins to rapidly regain weight.

This kind of diet is associated with extreme food deprivation as a substitute for good diet and exercise techniques. As a result, the dieter may experience loss of both muscle and body fat during the initial weight-loss phase (weight-bearing exercise is required to maintain muscle). After completing the diet, the dieter is likely to experience the body's famine response, leading to rapid weight gain of only fat. This is a dangerous fat-cycle that changes the body's fat to muscle ratio, one of the more important factors in health. One study in rats showed those made to yo-yo diet were more efficient at gaining weight.

I find this being a very accurate description of the Kimkins Diet. And it has held true for the majority of her members.

Lately, the only "new" members showing up in the Kimkins forum are people that originally tried the diet around the time of the Woman's World article in June 2007. Lost a little weight then but could not stick to it. They are now returning as the "diet did work" the first time. No, it didn't. A diet you can not stick to does not work. A diet that does not lead to lifelong weight loss maintenance is not even worth trying, in my opinion. What's the point of losing the same weight over and over again?

The good news with the returning members is that they don't generate any new revenue for Heidi Diaz. As they purchased a life time membership, there is no additional fees that she can add to the fraudulently obtained money she already has.

The Kimkins board has undergone changes since the June 2007 peak. There is very little activity and there is no peer pressure to drop calories to starvation levels. Sure, lean proteins with minimal fats are still recommended, but most of the members fall off or cheat on a regular basis. Even the few maintainers are not doing a very good job at maintaining these days.

Despite that the board does no longer appear to promote a diet that would be dangerous to your health, it still should be shut down. The entire venture was based on fraud and should not be allowed to continue in any form.


[The rat study Wikipedia references might not fully apply to people, but the results would scare me off any extreme diet attempt. Even if I would be able to starve myself all the way to goal, How would I deal with the "four-fold food efficiency" while trying to maintain? Continue to starve the rest of my life?

This study examined the metabolic effects of weight cycling, i.e., repeated periods of weight loss followed by regain. There were three groups of adult, male Sprague-Dawley rats: (1) Chow Controls (a normal weight control group fed chow throughout); (2) Obese Controls (animals fed a high-fat diet throughout); and (3) Obese Cycling (obese animals cycled through two bouts of caloric restriction and refeeding). The cycled animals showed significant increases in food efficiency (weight gain/kcal food intake) in the second restriction and refeeding periods compared to the first, i.e., weight loss occurred at half the rate and regain at three times the rate in the second cycle. Several physiological changes were associated with this cycling effect. At the end of the experiment, cycled animals had a four-fold increase in food efficiency compared to obese animals of the same weight who had not cycled. These data suggest that frequent dieting may make subsequent weight loss more difficult. The possible metabolic and health consequences of “yo-yo” dieting are discussed. ]