A Thornwood man who advocates a carnivore diet for treating medical conditions has been ordered to pay nearly $234,000 for defaming a competitor.
U.S. District Judge Nelson S. Román issued a default judgment against Frank Tufano and Frankie’s Free-Range Meat LLC, on May 21 in White Plains federal court. The award is based on recommendations by U.S. Magistrate Judge Judith McCarthy who determined from an inquest that Tufano “willfully and maliciously” defamed Dr. Paul Saladino, of San Diego.
Tufano has appealed Judge Román’s decision, claiming, in part, that the court violated his constitutional rights.
Saladino operates the Institute for Functional Medicine in San Diego, and promotes a carnivore diet for treating medical conditions such as autoimmunity, chronic inflammation, and mental health issues.
In 2019, Tufano began spreading defamatory comments about Saladino on a YouTube page and on paulsaladino.com, an internet domain he registered, according to McCarthy. Tufano accused Saladino of plagiarizing his carnivore diet research and tarnished the doctor’s reputation by posting sexually graphic and homophobic imagery.
Saladino sued Tufano for cyberpiracy, defamation and deceptive business practices, in 2020. He added Tufano’s New York City business, Frankie’s Free-Range Meat, in an amended complaint filed in 2021.
Tufano did not answer the amended complaint, and last year Judge Román granted a default judgment against Tufano and Frankie’s Free-Range Meat.
Judge McCarthy stated in her inquest report that there is a “high need for deterrence” in this case.
She found that Tufano willfully created the domain to tarnish Saladino’s reputation and drive sales for his own business; failed to promptly remove defamatory content when Judge Román ordered him to do so; posted videos and comments “full of hatred and spite and falsely accused (Saladino) of heinous conduct;” and has continued to disparage Saladino.
Tufano, who also lists an address in Carbondale, Pennsylvania, near Scranton, accused Judge McCarthy of “ridiculous bias,” and asked the court to reject her findings. He said he did not answer the amended complaint because it was not properly served.
He stated that he is the victim. While Saladino made millions of dollars by promoting products based on his research and used the wealth to harass him, Tufano claimed, he has had to shut down Frankie’s Free Range Meat.
Tufano argued that Saladino and the court have infringed on his Freedom of Speech, and that there is no explanation for a ruling in favor of Saladino.
“Why else would Paul Saladino be allowed to make millions of dollars off of Frank Tufano’s life’s work,” he stated, “and then further ruin his life by getting his Freemason buddy judge to silence the victim?”
Judge Román found that Tufano’s objections to Judge McCarthy’s report “lack substance, are meritless, and largely repeat arguments previously raised.” He decreed that Tufano defamed Saladino and ordered him to pay the doctor $233,883 in punitive damages, statutory damages attorney fees and legal costs.
