As the majority of the public knows at this point, these players were suspended from the NFL for four games, for the use of a diuretic (a drug that is used to decrease the amount of water in one's body), StarCaps. The NFL's steroid policy is simple: the players are responsible for what is in their own bodies. The players tested positive for a banned substance, and therefore should be punished as such.
The players, however, are not the only perpetrators in this case.
The Collective Bargaining Agreement, a 300+ page document stating the policies and rules of the NFL (agreed upon by the league owners and the NFL Players Association), states very clearly where the responsibility lies with each party:
"The parties agree that substance abuse and the use of anabolic steroids are unacceptable in the NFL, and that it is the responsibilities of both parties to deter and detect substance abuse and steroid use and to offer programs of intervention, rehabilitation, and support to players who have substance abuse problems." - Page 198, Article XLIV, Section 6
Therefore, it is the responsibility of both parties, being the NFL and the NFLPA, to not only acknowledge the use of anabolic steroids and substance abuse (detect), but to also prevent the use of these substances in order to protect the players (deter). According to recent information, there is clear evidence that the NFL did not deter this instance from occurring, and furthermore, encouraged the players to use this banned product.
The NFL reviewed the StarCaps drug in 2006, and determined that because it included the banned prescription drug, Bumetanide, that StarCaps would be added to the banned supplements list. The league then proceeded to send out a written notice to NFL General Managers, Owners, and the head trainers of each NFL team. Normally, the action that would follow this one would be to place the drug on the banned supplements' list. This provides a future reference for the players if they would like to know whether or not the drug is league-approved. This crucial step was left out, however, and the banned supplements' list remained the same.
The question is then asked, did the NFL deter this instance from happening?
Roger Goodell deterred this about as well as "pulling out" deters pregnancy. Maybe he'd rather discuss that issue with Bristol Palin.
According to Jamie Dukes, a writer for NFL.com, one of the players involved in this case, Deuce McAllister (a running back for the New Orleans Saints), followed NFL procedure by the book, and still was unkowing to the fact that StarCaps had been added to the NFL's banned supplements' list.
"McAllister followed procedure by taking the Starcaps product to the trainers, who in turn called the NFL hotline, which stated that the listed ingredients on the bottle were not on the banned list. Of course, by only reading the product’s label, the hotline did exactly what players do."
Add this knowledge to the fact that this is the one of the largest waves of positive tests for a specific drug in a one-year span in NFL history, and one begins to see the correlation between the players testing positive, and the banned supplements' list remaining un-updated.
Don't worry, the story is about to get juicier.
ESPN reports that Peter Ginsberg, the legal representative for Kevin and Pat Williams, claims that the notices that the NFL had sent out did not warn players about the drug's recent banning, but instead was sent out for commercial uses:
""What the [NFL] did, in fact, was issue that notification for commercial purposes, telling players not to endorse the manufacturer of StarCaps," Ginsberg told ESPN. "There was absolutely no warning about a undisclosed banned ingredient. [The notice] was purely for commercial reasons and without regard for the health, welfare and safety of the player. For Adolpho Birch or anyone associated with the NFL to suggest there was a specific warning [on StarCaps] is disingenuous and disappointing.
"Mr. Birch, in fact, personally informed the FDA that scientific studies showed that [StarCaps] contained Bumetanide. One of the scientists wanted to make that disclosure but Mr. Birch and Dr. Lombardo made the decision to suppress that information two years ago. They purposely kept information from players, all while claiming they have a policy for the health and safety of the players as well as the integrity of the league. The NFL violated its own integrity and subjected players to serious medical risks by their actions.""
Whether this information is true, or if it is simply lawyer-talk remains to be seen. As of right now, this information is only food for thought.What the case comes down to is this: both parties have a duty to deter this from happening via the Collective Bargaining Agreement. If the NFL is not doing everything in its power to prevent the use of steroids, then it is not fulfilling his obligation to the CBA. Furthermore, by not continuing the deterrents set in place by the league for these events (updating the banned/approved lists), it is in-turn encouraging the players to use these supplements, as seen by the before-mentioned evidence regarding Deuce McAllister.
Because the NFL has violated the Collective Barganning Agreement by not deterring this instance, as have the players by not detecting the banned substance, the solution should be similar to that of the Steve Hutchinson scenario that took place in 2005; both sides should be absolved of their crimes, and instead the CBA, as well as the banned/approved suppliments' list, should be modified to prevent these occurrances in the future.
Roger Goodell, if the intent of the rule is to protect the players, then why did you insist on leaving the suppliment off of the list? There is only one outcome that can come due to that decision, and that is the one that we are dealing with at this moment.