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 Manhattan judge has ruled.

U.S. District Judge Denny Chin made the finding as he tossed 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 be put on the Atkins books and other related merchandise similar to the way they exist on cigarette packages, according to an Associated Press report.

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 admitted he had consumed large amounts of pastrami and cheesecake, foods the average consumer expects may increase cholesterol levels and the risk of heart disease.

Now, I'm not trying to be mean, but pastrami and cheesecake????

Come on, get real. Just like any other plan, you gotta cut calories to lose weight.

-- Amanda Barrett, amNY.com