In May 2001, Florida businessman Jody Gorran began the Atkins Nutritional Approach,a high-protein,low-carbohydrate diet that he followed until October 2003.Instead of spending money on clothes in a smaller size, however,Gorran Complaint at 8, Gorran v. Atkins Nutritionals, Inc., No. 2004-CC-006591-MB (Fla. Palm Beach County Ct. May 26, 2004).

Found himself paying significant hospital bills.Shortly before going on the diet,Gorran’s tests indicated normal cholesterol levels and a low risk of coronary asculardisease.Two years and several episodes of severe chest pain later, Gorrandiscovered he needed surgery to reopen arteries leading to his heart.His medical problems included elevated cholesterol, severe angina, and a near-fatal blockage of a coronary artery that required an emergency Angioplasty and installation of a permanent stent.

Gorran immediately discontinued the Atkins diet at the request of his doctors, and by December 2003, his total cholesterol returned to a more normal level.After researching the diet following his health problems, Gorran discovered both the American Heart Association and the American Dietetic Association had issued warnings about the Atkins diet.According to Gorran, though, the Internet site of Atkins Nutritionals made numerous claims that the diet was fine.On May 26, 2004, gorran filed a Complaint in Palm Beach County, Florida, against Atkins nutritionals and the estate of the late Dr. Atkins.In his Complaint, Gorran sought $15,000 in damages and alleged three causes of ction against Atkins Nutritionals, including negligent misrepresentation that caused personal injury, a products liability claim for personal injury, and a violation under Florida’s Deceptive and Unfair Trade Practices Act.

Contents
I. INTRODUCTION
II. BACKGROUND
A. Evolution of Commercial Speech and the First
Amendment
B. Evolution of the Diet Industry
C. Regulatory Framework Governing the Diet Industry
1. Relationship Between the FDA and the FTC
2. FTC as the Primary Regulator
III. ANALYSIS
A. Diet Industry Continues To Make Misleading
and Scientifically Implausible Claims
B. Puffery in Diet Industry Advertising Has Led to
Documented Health Problems
1. From the Atkins Diet to Nutri/System
2. Recent Challenges to Diet Products Containing Ephedra
C. Current Regulation of Diet Industry Advertising
Is Not Sufficient
1. Appearance of FTC Success
2. In Reality, FTC Actions Are Merely Reactive
3. Requiring Media To Take Responsibility Is
Unrealistic
a. Media Expertise Is Lacking
b. Financial Concerns Are More Important
c. Deadlines Leave Little Time To Check
Advertisements
d. First Amendment Concerns
CONCLUSION

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