19551 Responseshttp%3A%2F%2Ftheabsexpert.com%2Fblog%2Fscott-colby-eats-oreos-and-is-threatened-to-be-sued-abs-uncrunched-show-episode-6%2FScott+Colby+Eats+Oreos+and+is+Threatened+to+Be+Sued+-+Abs+Uncrunched+Show+Episode+62008-11-16+04%3A42%3A20Scott+Colbyhttp%3A%2F%2Ftheabsexpert.com%2Fblog%2F%3Fp%3D195 to “Scott Colby Eats Oreos and is Threatened to Be Sued – Abs Uncrunched Show Episode 6”

• Thomas November 16th, 2008
  3:16 am

  Hey Scott, just to say I fully support your blog site and think that it is for you to post your own opinions. Tell the diet company to stuff off! Hope you keep on posting honest information that can help others.

  Thomas

• Ruben November 16th, 2008
  9:18 pm

  I would expect the client of this firm to reply you with strong arguments supporting his claims, proving you wrong. However, as far as I can see, this attitude only confirms what it was already known, the (diet) company only wants to keep scamming people. I wonder on what grounds they can sue anybody who is expressing his/her own opinion about a particular issue. I wonder where is the office in charge of regulating these kind of scams, and most important, where is then freedom of speech?.
  Reuben.

• Joel November 17th, 2008
  7:04 am

  Wow, I love the sarcasm and your “subtle” hints about the diet! It is a sad commentary on our society when you can’t even post your opinion any more. Especially when your opinion is right!

• Brad Nelson November 17th, 2008
  8:08 am

  Love the blog! and the post about that specific “diet”. I would reply with “opinions vary.” (Roadhouse keep up the controversy!!

• Scott J in Ohio November 17th, 2008
  8:25 am

  Last I checked, it is not a crime to post an opinion. I feel it’s important for you to hold fast to your rights…our rights as Americans…and not let this company bully you. I’d like to think your fitness community would step up and support you if you need to legally stand up to the diet company.
  One other thing…if this company really had a legitimate product/service, would it really need to defend itself against it’s critics? Shouldn’t they just let the results speak? Or are they afraid that the truth will be revealed?

• Scott Hines November 17th, 2008
  8:25 am

  Post whatever you want on your blog. It’s your blog. It’s you opinion. Everyone has an opiinion. Some stink, some don’t. I get tired of these fad diets BS training programs. Let’s speak the truth! Keep up the good work! NO EXCUSES! JUST RESULTS! Train hard and smart and God Bless!

• Marylin Sanchez November 17th, 2008
  8:28 am

  Hi, Scott:

  I fully support your blog. I would check with an attorney because as you stated, your blog is your blog which is meant for you to post your opinions on anything. Who do these people think they are to be able to tell you that you are not allowed to post your opinion!! Just because their product doesn’t support a healthy and fit way to lose weight is not your fault. Maybe instead of going after the little guy they should pay more attention to their product and try to make a better product that supports a healthy and fit lifestyle or way of losing weight. Last time I checked this is America and we do have the right to express our opinions!! Keep up the good work and try not to let these idiots intimidate you!! The rest of us depend on good honest people like yourself to provide us with information and tips.

• Catherine November 17th, 2008
  8:31 am

  Seriously – what did the company expect! Selling junk food as a weight loss gimmick is a good formula for public outcry.

  They obviously don’t have a leg to stand and their claims are bogus if they are willing suing you!

• Mike Grafstein November 17th, 2008
  8:34 am

  Scott,
  Did you save any cookies for me?

  It is so sad when people of authority take advantage of their titles to manipulate the general population.

  Good on you for giving your opinion based on real life experience!

• David November 17th, 2008
  8:56 am

  Scott, quit being such a wimp. Anyone can sue you, but they can only be successful if your statements were FALSE and they can prove that you caused them financial damage. Either you do not believe that your opinion is true, or you are a wimp who lets others intimidate you.

  I think you would be more likely to win a law suit against me for calling you a wimp on your own blog, than they would have winning a law suit against you for expressing your expert advice about their cookie diet. Please don’t let a stupid letter intimidate you.

• Leesa Barnes November 17th, 2008
  9:00 am

  I was in a similar situation about 10 years ago when I launched my very first website. My logo had a letter in it that seemed to rub a certain company the wrong way. Apparently, the font I used for the one letter seemed to mirror the font the company used in the one letter that represented this cosmetics company.

  I got a cease and desist letter stating that my little website was causing confusion in the marketplace for this really big cosmetics company.

  I got some legal advice and the lawyer stated that I had a case to keep my logo. But since I wasn’t married to it, I changed it. Of course, I did it on my own time (the letter stating I needed to do something in 24 hours, it took me 2 weeks) and I never replied (although I got a follow up letter stating that they would proceed with legal action).

  Don’t remove the videos. Put up a disclaimer stating that the opinions expressed on this blog are etc. etc. etc. Let the company go after you and we’ll see how they are perceived in the marketplace after this gets out. Stick to your guns. Don’t remove it.

• Dave Gleason November 17th, 2008
  9:11 am

  I support you as well Scott! This is yet another example of what true fitness professionals do EVERYDAY because of ridiculous diets like these – we are put in a position where we have to dispell mistruths and outrigth lies from magic potions, diets and cure all fitness wonder machines.

  Keep up the good work Scott!

• Ben November 17th, 2008
  9:21 am

  Scott,
  Hang in there, buddy. You’re doing the right thing. The thousands of people whom you help with your efforts are all behind you.
  Ben

• Dennis November 17th, 2008
  9:22 am

  love the way you DID NOT mention the diet. They just want you to take down your comments because they KNOW your right on the money! You keep up the good work posting your comments, We are still protected by our right to free speech and our thoughts. Your just giving advice…people can take it or leave it. I may not agree with everything you say…but then again I have a right to be wrong

• Scott Tousignant Fat Loss Quickie November 17th, 2008
  9:26 am

  Attorneys sure are going to be busy if they need to keep going after every blog owner that posts a negative review about these crappy fad diet programs that play on the emotions of consumers.

  Many of these fad diet program creators should be sued for manipulating the public into buying their programs through marketing gimmicks.

  But, I’ve also got another perspective. I believe in part that it’s the consumers fault for allowing this crap to go on. We fall for these fad diets and these companies know it. We ask for things to be quicker, easier, and effortless.

  These selfish pricks are simply giving you what you are asking for. Can you blame them? Well yes, but we must also accept responsibility ourselves.

  Seriously… nutrition is not that complicated and most of us know what we need to do, we’re just to lazy to do it, or don’t care enough to do the right thing for our body.

  Hey, I tell it like it is

  Anyhow Scott, I certainly hope that this doesn’t deter you from speaking your mind about other programs whether you like em or not.

  In fact, if there is something that you think my programs are lacking then I insist that you share it with your viewers. That’s what a 100% honest review is all about.

  Your review and critique gives me the information that I need to improve upon my program and better serve my customers.

  Obviously this diet program you are referring to has no intention of improving their program and are out to milk it for everything that they can before they come up with another fad diet for you.

  I appreciate your efforts buddy. Keep it up.

  Scott Tousignant
  http://unstoppablefatloss.com/blog/a-meal-plan-for-an-easy-to-follow-diet/

• Wanda November 17th, 2008
  9:31 am

  You are right on the money Scott ! Please don’t take anything down on your site OR blog. Everyone needs to hear the truth about this very lame c____ie diet ! We all need to be putting in good, nutritious, unprocessed foods in our bodies, throughout the entire day. (5 to 6 small meals)
  The reason why our society is extremely overweight and unhealthy, is because we can’t wait to jump on the ‘next and greatest’ diet out there ! We have become such an UNFIT society, and 1 of the reasons is because of these crazy, lamo diets like this one ! People keep looking for that ‘magic pill’. Folks, get your nutrition 100% right, do HIIT, and heavy resistance training, and see what happens to you body !
  Thanks Scott ! Keep up the good work; we all benefit from your knowledge and expertise !

• Gary W. Pitts November 17th, 2008
  9:35 am

  Scott: I like your style.
  I am a re-cycled attorney having practised law in Canada for more than 34 years. The last 4 years I have been in the Fitness Industry, specializing as a Golf Fitness Instructor.
  My advice is to consult the biggest legal firm in your part of the world. I am not qualified to give an opinion on American law but I do believe your Constitutional rights are at least as great as our legal rights. In this part of the world I would have my attorney respond as quickly as possible. Good Attorneys enjoy lawsuits they think they can win and make a lot of money.
  Who is the aggrieved Party in this case?
  Best wishes for continued success in the Fitness Industry.

• Wendy Bottrell November 17th, 2008
  9:42 am

  Hi Scott, just looked at your video on you blog. Never really understand how a company can put together such a crazy idea about losing weight a eating cookies. And for you to call them on that and state it is not a diet to follow for your fewers is spot on.
  Our responsibility in the Fitness industry is to coach and teach out clients what is best for them when they don’t know or want the quick fixes that will hurt them down the road.
  Obviously you have a major impact on the market place with your blogs for the company to come after you.
  Stay strong and focused you are doing good work. Regards, Wendy

• Suz November 17th, 2008
  10:05 am

  Scott,
  First: Loved your response to their letter. Your blog should be a safe place to post your opinion. Plus you are giving the public accurate information meant to better their health and if the competition doesn’t like it that’s their problem. Let the consumer decide who’s right, but with adequate info. It is also a public service to know have them waste their money imo. Besides, you, as a fitness coach are somewhat obligated to tell the public when you see something that you feel will not be healthful nor a good investment. Otherwise you’d be falsely advertising what YOU do. As I said, let all cards be on the table and let the consumer decide who’s telling them the truth. I work in a health-related industry, (licensed massage therapist) and I know of one person who lost (and then regained) weight on a diet much like (exactly like) the diet you didn’t mention in your latest video. She’s now eating freshly prepared and nutritionally balanced salads at lunch and looking and feeling better. She also isn’t drooling over her co-workers real food lunches; we’re all much happier about that…lol!
  Suz

• Suz November 17th, 2008
  10:06 am

  sorry, I meant it is a public service to NOT have the public waste their money.

• Heather November 17th, 2008
  10:18 am

  I don’t think you are in the wrong. Don’t we have the right to freedom of speach? I think you should be applauded for all your hard work to inform the public of good and bad things that realate to our health. Especially if it is on your own blog!!! It would be different if you were interupting one of their commercials or if they had a blog, but you should be able to speak your mind on your own blog.
  Well, good luck to you and I hope this company leaves you alone :0)

• Mike November 17th, 2008
  10:20 am

  Hello,
  I am a doctor and I put many of my patients on an Oreo diet. We have had great results. They just eat 600 calories a day (about 4 Oreos) and then at night we instruct them to have one apple (to balance out their nutrient intake). Needless to say, our clients love it, because they don’t have to do any work to prepare their meals, and their shopping is real easy, just buy Oreos and apples. As a bonus, we have found that they burn 7 calories per day just by twisting apart the Oreos, which is equivalent to twenty minutes of easy cardio. Anyway, glad to see you are on board with this Scott.

• Joel November 17th, 2008
  10:23 am

  I have to disagree with people saying not to take the videos down. Yes it ridiculous, but what if they do have a case? I don’t think Scott wants to risk being sued however small the risk for a couple videos. Besides this video makes his point very clear.

• Stuart November 17th, 2008
  10:29 am

  Hi Scott, It must be fantastic to know that your blog site has such power to have caused so much carnage to this poor food company in such a short span of time. All they are trying to do is live the American Dream and make huge profits for their shareholders (regardless of the consequences to their customers). Hopefully you will be more careful how you exercise this power in the future. With power comes great responsibility, as another well known superhero states
  Interestingly, a nutritionist from the Joslin Clinic in Boston expresses the same concerns as you regarding the lack of nutrition etc in a 2004 story. http://abcnews.go.com/GMA/Story?id=125395&page=1
  Wonder if the legal firm sent the same cease and desist letter to the national broadcaster and why is it still on their website 4 years latter ?
  Keep up the great work.
  Regards, Stuart

• carly November 17th, 2008
  10:43 am

  Dont remove a thing! you have the right and responsibility to educate people on good nutrition. With health care skyrocketing, and obesity overwhelming our country, somebody has to speak up. Use any law suit as a platform to do just that. Make them prove that your comments are incorrect and in doing that they prove themselves that the diet is nothing more then fluff.
  Rock on Scott!!!

• Roxana November 17th, 2008
  10:54 am

  Dear Scott:
  Just wanted to let you know that even though I am not a lawyer, I do believe that the Constitution gives you the right to have an opinion and therefore, this company cannot sue you for having an opinion.
  We live in a free country and I do believe that the era of the lawsuit happy companies need to stop. I have not read the other posts yet, so maybe I am being repetitive, but I believe that you should be able to say what you want about what you believe in and if they are so scared, maybe it is because you have unearth some truth that they are trying to hide in their advertisement. Could it be that we could sue them for misleading advertisement? Last time I checked, misleading advertisement IS a punishable act. Well, anyhow, I may not always agree with any health professional (I do believe that every once in a while, you can have the cake and it a very THIN slice, too. But we all know that if we don’t start really looking at this companies and analyzing what they are saying, we run the risk of having all kinds of “stories” told as unequivocal truths, and that, in my opinion, is a crime. Keep up the good work and don’t back down, you are entitled to your opinion.

• Becky Williamson November 17th, 2008
  11:06 am

  Hey Scott,
  Excellent video today. I’m not an attorney, I’m a fitness expert like you, , so I haven’t got any great advice to give you on what to do next. It seems to me you’re expressing an opinion—which is what we bloggers do! Keep up the great work educating the public on the RIGHT way to eat healthy and lose weight.

  Becky Williamson
  http://www.beckywilliamson.com

• Chris Harris November 17th, 2008
  11:08 am

  Scott,
  I love your blog and the information that you generously provide to anyone who wants to sustain a healthy lifestyle. There are so many fad diet programs out there and this one is no different. It may be a way for someone to lose some weight quickly (and I support anyone for getting motivated to do something in the right direction), but it is definitely not sustainable and healthy in the long run. The absolute best way is the way that you promote – quality, unprocessed food in reasonable amounts throughout the day and exercise. It is that simple! I think that you are entitled to your opinion on your own blog.

• Mickey November 17th, 2008
  11:16 am

  Lawyers pull this crap to intimidate people. Even when they know they have no valid grounds, lawyers realize they can scare most folks into doing what they want by threatening legal action.

  Did they rebut any of the “false” statements you supposedly made? The fact that your blog comments may negatively reflect on the doctor’s diet business does not mean that your criticism was “malicious”, inaccurate or unfair.

• Susana November 17th, 2008
  12:36 pm

  WELL DONE!!!! I guess Oreos are healthier than…ooppsss!!! I won’t say it, they may suit me. Ja,ja,ja, I really had a good time watching your video.

  My opinion is that you can say whatever you want IN YOUR BLOG Scott, specially if it is good advice to help all those who may be a bit confused by all these “miracles” burnitovernight stuff.

  CONGRATULATIONS!!! YOU’RE DOING A GREAT JOB!!!

  Warmest Regards from Spain.

• Elizabeth November 17th, 2008
  12:47 pm

  I don’t see anything wrong with freedom of speech . . . and I’d certainly have been freaked out to get a letter like that. Seems you handled it with good tongue-in-cheek humor. Keep us posted how this all pans out!

• Elaine November 17th, 2008
  1:31 pm

  Take it from a professional critic, opinion via print or blog is protected speech under the First Amendment. Any lawyer will tell you that. So don’t back down. Blast away! Many publications and TV shows have called this “diet” a scam. They’re just trying to intimidate you. Suck in your great abs and fight on!

• Kerry November 17th, 2008
  1:53 pm

  Thats’s bullshit, youre doing more good than harm.. vice versa for them. Tell them your their antichrist and really scare them. They are hruting ppl in more ways soo..hypocrites.

• Donna November 17th, 2008
  2:02 pm

  Hey Scott

  As far as I know, we still have the right of free speech in this country. You were not committing libel or slander. The only thing that might be a problem is if you did not get permission from the TV show to air the portion of the show. Truth is truth. Most people have a hard time accepting it. You even called and talked to a company rep. If the company gives you the information either via phone or email, how are you hurting their business? They gave you the information. You are awesome. Keep up the good work of educating and sharing with the rest of us.

  A day after you did your Uncrunched show, another health expert I follow also commented on the diet on her newsletter. This is the same person who originally turned me on to your site.

  I’m behind you 100%.

• Yelena November 17th, 2008
  2:35 pm

  Great clip!!!
  Ha-ha,
  don’t see any difference between Oreos
  and any other c…
  You are completely right and our TV and internet
  is so full of bogus diets and miracle pills.
  People have a right to express their opinion
  and help others not to fall into these traps.

  Keep up the great job!!

• Ann November 17th, 2008
  3:37 pm

  We are fortunate to have the help and knowledge of so many fitness pros as yourself. Thanks.

• Leon November 17th, 2008
  3:47 pm

  I don’t think they have grounds to sue you. I think they would have to provide evidence of what you said to be false and malicious. Since what you said is true, they feel threatened.

• Gale November 17th, 2008
  4:04 pm

  A lot of diet companies push their food for weight loss, and don’t show you how to select the proper food for weight loss and sustenance. Shame on the greedy bastards!

• Candy November 17th, 2008
  4:17 pm

  Hi Scott,

  I applaud the fact that you are standing up for your right to have your opinion. Even if it differs from what a large corporation wants to use to deceive overweight people. Of course no one is thinking while they are eating tons of c*****s, this will probably result in my becoming a diabetic and needing to pay for regular visits to a doctor and purchase thousands of dollars worth of medicine from a huge pharmaceutical conglomerate whose only goal is to keep Americans sick so they can keep creating undeserved wealth at the expense of our health.

  However, Scott, you had better seek legal advice from an attorney you trust. Think FREE SPEECH is still alive and well in America? Try talking about the Bible or Creationism in a “public school”. Think freedom in general is alive and well in America? Try asking your physician for bio-identical hormones instead of synthetic hormones being pushed on us by wealthy pharmaceutical corporations who have the FDA in their hip pockets. Try telling your physician you are going to seek alternative medicine for your child who has cancer. See how quickly your right to choose what medical treatment plan you want for your child will be challenged legally by doctors and social services. Free speech, along with most of our Constitutional Rights, is slowly and methodically, being stripped from us.

  Lawyers use lawsuits to help them change laws. First lawyers charge enormous fees, to create their own wealth, which will then be used to further their ideals, while they stir up litigation after litigation that will eventually be used to support their agenda in US Supreme Court. Their agenda – silence anyone who disagrees with them.

  America is a unique nation. The only ways for us to retain our constitutionally protected freedom is for the American people to WAKE UP and see that our freedoms are slowly and methodically being taken from us by the very people who are supposed to be protecting us.

• Candy November 17th, 2008
  4:18 pm

  Scott, keep on blogging for our right to choose a healthy lifestyle through proper nutrition and exercise. Thanks for an honest opinion of one bad cookie,… I mean diet.

• Sarai Jones November 17th, 2008
  4:46 pm

  Hey Scott, That is unbelievable! I’d like to see how this went in court. I know without a doubt you could prove your side and can you imagine the parade of expert witnesses you could have on your side? That would be crazy good.
  Keep telling the truth!

• Kian November 17th, 2008
  7:19 pm

  I can’t believe this faker is challenging the science behind eating real whole food in comparison to processed junk. Reminds me of the Idiocracy movie, maybe cookies will be the next staple food for good health.
  Keep it up Scott

• Karen November 17th, 2008
  9:25 pm

  Scott,
  This is the kind of law we handle at the firm I work at. If you want to talk to someone about this, let me know.
  Keep up the good work and thanks for kicking my butt in bootcamp!
  Karen

• doug November 17th, 2008
  9:38 pm

  Hey Scott, I thought you had freedom of expression in the US. Seems to me that you are right and they are wrong. Keep up the good work. Cheers.

• helen November 17th, 2008
  10:14 pm

  Scott;
  They just admitted about the money as they commented it is hurting their business. If the cookies were really helping people’s health then the health issue would override making a profit from it but from the statement of why they were suing you was Because of them losing money not because they were actually helping people with their health. If their product was genuine results would speak for themselves not the comments that people would make about the product. At least one positive thing from this is that your blog got their attention and they did read it and they didn’t like it! So what!!We, as the public will and can choose to eat whatever we want and we won’t stop eating something just because someone said we should so they shouldn’t feel threatened by the people’s comments as people will continue to eat them no matter what others say! The company has chosen to act in fear!!Keep us informed !Helen

• Barbara Bakie November 17th, 2008
  10:40 pm

  How funny I think it is still OK to think and, to me, your framing of the aforementioned diet was logical. The diet was quite low in calories and relatively high priced for the ingredients in the preferred diet food. What is to nibble, I mean quibble, about? I appreciate your stating your opinions and understandings. A person can agree or disagree with you and that is one’s own responsibility. Attempting to censure calm review or critique, rather than speaking to any parts of it which might be incorrect, does not say much at all for the diet itself…..

• Rocco Castellano November 17th, 2008
  11:40 pm

  I love oreo cookies. We need to JV an Oreo Cookie Diet.

• Jules November 18th, 2008
  2:52 pm

  to funny!

• Greykatz November 18th, 2008
  5:41 pm

  Just another cheap shot so they can continue to fool people into thinking that they can lose weight on a diet like that!! Keep on keeping on Scott!!

• Nii Wilson November 19th, 2008
  9:13 am

  Hey Scott. Love the post. 1st and foremost I wanted to let everyone know that the freedom of speech thing isn’t as free as you might think I was in the ARMY and worked in a certain government building that looks like a child’s building block(won’t give the name but you get my drift.)

  In regards to your original video I wish I could have seen it. If you have a lawyer and if it won’t cost you and arm and a leg. I would ask the lawyer if you are in the wrong for putting up your post and video. If something is bullshit or seems suspects I think you should have the right to call it out or at least question that validity. Granted I know that you and I mean you meaning anyone can not say malicious things about a product in writing or on video because as you have already experienced they will “call out the hounds.”

  My questions is if something is fact how is this malicious??? Well I guess you can not state your opinions unless you have “facts and research” For instance the government and the corn farmers of America are now saying that HFCS (High Fructose Corn Syrup) is not bad because it is made out of corn that is “natural”…hhhhmmmm…I wonder if I can smoke weed or do cocaine in front of the white house since it is “natural”…or at least was natural at one point in time.

  Every preacher of truth was either told to shut up, persecuted, or made to look a fool.

  Keep doing your thing…always back the truth brother.

  Your buddy in Heath and Performance,

  Nii
  P.S.- watch this video Scott. I like to add laughter in peoples lives. Big Business cracks me up

  http://www.youtube.com/watch?v=KVsgXPt564Q

• Download Idiot Proof Diet January 31st, 2009
  1:10 pm

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