Both the NFL and the MLB are in the same boat. Players are testing positive for over the counter supplements. In MLB, it has suspended two players for testing positive for steroids. On the side of the NFL, after taking a weight loss drug, six players were suspended for testing positive for a masking compound for steroids.

What is common for both is the failure of leagues officials to inform its players of what were considered as tainted products and advise them that use may result in positive results. Players claim to be the victims, as there was a clear lack of information on the matter. The collective bargaining agreements do not require the officials to inform the players of potentially harmful products. Even it had the provision, many issues would come to fore if the leagues exercised those duties under the CBA.

Legal experts see that the leagues face an impossible task of testing each and every product in the market. It is both a large and very loosely regulated industry. Also, by identifying what may be considered as containing these banned substances, the leagues open itself up to lawsuits from the manufacturers. Another problem would be if a listing is created, then anything not on the list is allowed, which may not always be the case. Instead, leagues have provided a listing of supplements that do not test positive, thus commending their use instead.

Instead, the leagues have focused on information access. Hotlines have been created to allow players to inquire about the content of a particular supplement and if any other sport has tested the supplement and results came out positive. From the facts provided, use becomes the player’s responsibility and in consonance with drug testing policies, responsibility lies with the player as to what medication he has ingested.

These hotline programs are now under fire from the players themselves, stating these are insufficient safeguards. These players have appealed to arbitrators. The players have sued the NFL, after getting an unfavourable decision. They claim that the league knew that the weight loss diuretic StarCaps had banned compounds in them. The NFL instead issued warnings on the possibility of testing positive for weight loss diuretics and included the manufacturer of StarCaps as one of the companies that players are advised to refrain from entering endorsement deals. The suit also included the process that the Commissioner’s office chooses an arbitrator, lending sympathy to the appointing power and thus making a decision that is skewed for the management.

On the other hand, one of the players who tested positive, JC Romero lashed out publicly a day before his sanction for suspension was to be imposed. He had accused that information was being kept from him on the contents of the 6 OXO Extreme supplement. What the arbitrator said was that Romero failed to make a phone call to clarify the status of the supplement and this was the basis of the decision. Had he made that call, then he would have known the information and thus avoid the issues at hand. Upon this JC Romero claims the league withheld the information from him which Commissioner Selig flatly denies. And expect more play action to unravel.

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