When the appeal of Brian Cushing on his 4-game suspension became futile, the Houston Texan owner came to the rescue by personally talking to top NFL officials about Cushing case. Texan owner believes that his ward is free from steroids and the failed steroid test could be due to a medical condition. Cushing then told the public that he may be suffering from “overtrained athlete syndrome.” This is a new term for most sport fanatics but according to Cushing this was caused by too much training in the last season. The “overtrained athlete syndrome” caused his testosterone level to elevate at higher levels.

The effort of McNair to influence the top officials of the league was a test on the leadership of Roger Goodell. The attempt to change their previous decision is a tough issue. It can become a precedent for other similar issues. After a few weeks, the league came out with an announcement regarding the appeal on the 4-game suspension.

“At the request of Texans owner Bob McNair, Commissioner Goodell reviewed additional medical information presented on behalf of Brian Cushing,” said in the NFL statement. The league maintained its position by enforcing the suspension of Brian Cushing for the first 4 games of the season. “The club and Cushing were notified today that after carefully considering all the information, including a review by outside medical experts, the Commissioner finds no basis for changing the decision that Mr. Cushing’s suspension for the first four games of the regular season remains in place.”

With the decision of the league, Brian Cushing can only play on October 10 when they meet the New York Giants. The team should just let other rookies to step up while Cushing is still suspended. This case should also serve as a warning to other players to be careful on what they ingest or take. Although Brian Cushing vehemently denied that he took any performance enhancing substance, the positive test was a clear proof that he ingested something. Though he may be telling the truth but people are already annoyed of this kind of alibi. There are so many professional players who used the same alibi but ended up admitting to steroid use.

The overtrained syndrome which Cushing claim is still a debatable issue and needs more scientific proof. But the elevated testosterone level caused by steroid use is more comprehensible than the former. The fertility drug which was found on Cushing system was commonly used in conjunction with steroid cycles. The HCG will help restart normal testosterone production which is often affected by long term anabolic steroids use.

The former USC Trojans’ involvement in steroid issues since high school is also another thing why many people believe he is really using steroids. While in a NFL combine, Cushing and Mathews were named by a website for failing a steroid test. However, the website was not able to show evidence on the allegation so they were forced to retract their statement. That time, the NFL was quick to defend the new prospects saying they did not fail any steroid test.

If Vikings defensive tackles Kevin and Pat Williams are busy fighting for their 4-game suspension in court because of the StarCaps supplement, there were at least 8 players who were pardoned by the league for using the same supplement. This was revealed in the report of the Pioneer Press showing how the league absolved several players from sanctions. In 2006 and 2007, the NFL’s drug-testing administrator Dr. John Lombardo was already aware that there were several players who were taking Starcaps. This supplement contains the banned diuretic bumetanide which is considered as a masking agent for steroids.

The contention of the Williamses that they were not informed by the league about the tainted supplement becomes a legitimate concern. The league’s anti-doping officials are now being questioned if they are really fair in implementing these policies. Putting the blame on the players for not being responsible for what they are taking may be too one sided. The league has also the responsibility to inform their players of matters that may affect them. This was also brought out by NFLPA executive director DeMaurice Smith when he testified to a House subcommittee investigating sports drug testing. He accused the league of a double standard for disciplining some StarCaps users while acquitting others.

Pardoned NFL Players

The players who failed the steroid test because of Starcaps supplement were not referred for any disciplinary action. They were never accused of taking steroids. Their claim that they do not have any knowledge that Starcaps contained a banned substance was accepted by Dr. John Lombardo. Although he was later told by Adolpho Birch, the vice president of the NFL’s labor policy, to stop pardoning players.

The Pioneer Press listed the names of former and active players of the league who were named in the deposition of Dr Lombardo during the Starcaps hearing.

- San Francisco 49ers cornerback and 2004 Pro Bowler Nate Clements;
- New York Jets guard Damien Woody, also a former Pro Bowler;
- Miami Dolphins offensive tackle Vernon Carey;
- Seattle Seahawks offensive tackle Damion McIntosh, a free agent;
- defensive end Marquise Hill, played for the New England Patriots from 2004-06;
- wide receiver Jonathan Smith, played for Buffalo and New England;
- fullback Daimon Shelton, played for the Buffalo Bills in 2006;
- fullback Patrick Pass, played for the Patriots and New York Giants from 2000-07

Starcaps a Masking Agent for Steroids

Taking supplements are common in any sports. However, there are cases where some ingredients were not listed on the label just like the Starcaps supplement. It is a weight loss pill that contains garlic and papaya as active ingredients. But lab tests showed that it was tainted with a diuretic substance which is banned by the league. The diuretic bumetanide is primarily used to treat congestive heart failure and renal disease. The league considers it as a potential masking agent for steroids. The product was already recalled by its manufacturer at the end of 2008.

League Defended Anti-Doping Policy

Birch issued a statement regarding the disclosure of the names of players who were exonerated by the league. “In a case where a key issue was confidentiality, and where court orders were in place to protect players, it is extraordinary that someone would reveal the names of players who allegedly tested positive. We have no comment on these unfair accusations,” Birch told the Pioneer Press.

He also argued that their anti-doping policy was properly enforced. “Since the policy’s inception, the league and the union have agreed that use of a tainted supplement represents a violation and is grounds for discipline,” Birch said. “The policy makes clear that players are strictly responsible for what is in their bodies and the courts have repeatedly found that the policy was applied consistently and rejected Kevin and Pat Williamses’ efforts to avoid their suspension based on their claim that other players were treated differently in 2006.”

The controversy over Brian Cushing’s positive test for HCG will not end soon after news reports revealed that Texans owner will appeal the case to the NFL. Bob McNair, owner of the Houston Texans is set to meet top NFL official in the hope that they will reduce the 4-game suspension against Cushing which will start this season. However, a reversal of its previous decision will put the league into another controversy.

In the previous interviews, McNair already defended Cushing saying that he believes his star player did not take anabolic steroids or any performance enhancing drugs. The positive result could be due to an abnormality in Cushing’s system which still needs to be studied. “I had a meeting with the league’s medical staff and presented additional medical information about Brian Cushing. The doctors will review the information and we’ll hear from them at a later date,” said McNair in a press release.

Brian Cushing tested positive for HCG last year but the suspension came late because of an appeal contesting the result. The league gave him 4-game suspension. HCG is not a steroid but it is included in the banned substance under the anti-steroid policy of the league. It is a female fertility drug which is used to increase the production of testosterone after a steroid cycle. Even if Cushing denies his use of this drug a thousand times, suspicions will still be there. There are already some professional players who were also caught using drug and they were also involved in the use of steroids.

Cushing said before that the positive test could be due to a potentially deadly tumor. But right now, he has a different story to tell. The Rookie of the Year believes that his elevated levels of HCG could be the result of natural hormonal changes in his body. “Everything points to that over trained athlete syndrome. I’m pretty sure it is. I’m pretty positive. I didn’t take anything. It’s not a tainted supplement. So all roads lead to that,” he said.

According to an SI report, the “overtrained athlete syndrome” results when an athlete trained intensely for a long period and suddenly stops training. There is a possibility that it will cause testosterone imbalance. However, it remains a possibility since there are no documented cases similar to Cushing’s case. Most people are not buying this alibi. It is more acceptable for many fans if Cushing would just accept that his positive test was due steroid use.

But McNair believes that his ward is clean of PED’s. “He shows no sign of ever having been on steroids,” said McNair. “His weight hasn’t changed appreciably since he’s been with us. I’ve looked into it pretty thoroughly, and I haven’t found anything that would lead me to believe that he has ever taken a performance-enhancing drug,” he added.

So the question whether Cushing was having an overtrained athlete syndrome still remain as a question. Cushing is optimistic that the issue will be resolve as soon as possible. “There is no question in my mind I’ll be a better football player than I was last season. I’m going into my second year. The plays I’m making on the practice field this year compared to last year, I’m so much more of a well-rounded football player than I was,” Cushing said.

From the very start of the controversy, Brian Cushing was firm that he never took anything like steroids to improve his performance. But his 4-game suspension is a proof that he violated the anti-doping policy of the league, if not for steroids, for a substance that is included in the list of performance enhancing drugs. The young star created a buzz in the sports world because of his recent achievement. He is the reigning NFL Defensive Rookie of the Year but his failed test prompted the AP to have a re-vote for the title. Cushing is lucky that he retained his lead.

Now, the question is, do you believe that Brian Cushing never took any anabolic steroids and other banned substances? For those who followed the career of this young athlete, they may conclude that Cushing have been on steroids because of a well developed physique and improvement of his skills. However, team owner of the Texans, Bob McNair believes otherwise. In his statement to the USA Today, McNair believes that Cushing never injected himself with HCG and did not used steroids.

The Texans owner is more inclined to know the cause of the high level of HCG in Cushing’s system. “He says he’s never taken steroids and I believe him. It was HCG. He did test over the level for HCG. The real question is why?” said McNair. Cushing told them that he never injected anything. “Because he said he didn’t inject anything in his body. So we looked into it very thoroughly because there could be something physically wrong with him,” added McNair.

Cushing will be missing the first 4 games of the season. Football fans should not worry on the case of Cushing since the team will not give him up. “He’s fine. We’re satisfied he’s not been on steroids. Now what’s caused it at this point in time, that’s something we’re studying,” McNair told the USA Today.

McNair clarified that they are not questioning the result of the test. “We’re supportive of the league program and we’re not questioning that he did test positive for HCG. We’re not questioning that at all,” he said. “We’re concerned about the athlete and want to make sure that there’s nothing wrong with him and if this was something that was a natural occurrence, we then want to know about it because it could happen again,” he added.

Meanwhile, New York Jets quarterback Erik Ainge was reported to be under a drug treatment or entering a rehab facility. According to the Daily News sources, Erik Ainge was on the reserve/non-football illness list before the start of the training camp. It was also revealed that the Jets were very disappointed on what happened. Ainge was already suspended in 2008 for violating the anabolic steroids and related substances policy of the league. This will be the second time for Ainge which means he will be given an 8-game suspension upon his return. Although the team did not confirmed the news, an update on the twitter account of Ainge made it apparent that he was into a big trouble. “I am taking some personal time to address a non-football related illness,” he said.

Last month, Falcons linebacker Robert James was also suspended for 4-games by the NFL for violating the policy on anabolic steroids. James is still eligible to participate in the training camp and the preseason but will be out for the first 4 weeks of the season. A 5th round draft pick in 2008, James could lose his position to other players.

Aside from anabolic steroids, HGH use is now a major problem of most sports organizations. It’s good that the MLB started to implement HGH testing on its minor leaguers but many are still hoping that the coverage should be expanded. The NFL should also initiate a more comprehensive anti-doping program by including HGH testing. Although there were no concrete evidences that will prove the extent of HGH use in the sport, many allegations from within the organization especially from current players and retired players who believes that there is a high percentage of HGH use in football.

But why is it that most football players and other athletes as well are against HGH testing? Author of the book “Spiral of Denial: Muscle Doping in American Football” Matt Chaney shared his insights on this issue when interviewed by Soren Hansen Hygum of DraftdayDK. An obvious reason is that football players don’t want to be caught using this drug. Urine testing can only effectively detect anabolic steroids but not HGH. To test for HGH, NFL should include new methods of detecting this drug like the adoption of blood testing. However, Chaney believes that contemporary players are very wary of releasing health information they consider private, regarding drugs or otherwise. Players do not trust the management if they can implement it effectively. Reports shows that blood testing for HGH can still result in a false positive.

The reliability of HGH test is still the primary concern of most professional players. This is also the reason why the MLB players association is not giving in to the clamor of including blood testing in the collective bargaining. According to Chaney, the current WADA blood test for rhGH, designed to differentiate the dominant GH isoform from its bio-engineered clone, apparently is useless for battling abuse in any sport, much less the NFL. “No drug-savvy football player in America would be so stupid as to flunk this test, with its detection window of only hours,” he said.

Although he admitted that there is a new development in WADA’s HGH tests. GH-biomarker test is said to have a 14-day detection window which makes it a more reliable anti-doping test. But even if WADA was able to improve its methods in detecting cheaters, athletes are still way ahead in avoiding detection. Chaney said that a lot of players and coaches use low-doses of testosterone and hGH stack to make it more effective at both enhancing performance and evading detection.

HGH use is popular among athletes because it helps in rapid rejuvenation of depleted muscles. It will be difficult to prevent its use in professional sports because many athletes believe HGH helps restore joints from wear and tear or from an injury. “For size and power, athletes believe androgens, testosterone and/or anabolic steroids, are necessary in concert with “Growth” to achieve great gains,” said Chaney during the interview.

Chaney believes that HGH use in NFL is still rampant. He cited some of the allegations of NFL players that 30% to 50% of players are using human growth hormones. Tony Mandarich, a former Packers lineman, also said that a lot of doctors are prescribing HGH to several players. Mandarich also admitted that he used anabolic steroids and HGH while playing in the NFL. “Retired NFL players have told me a large majority of active players use rhGH, at all positions in any given year, and many retirees enjoy the drug’s reinvigorating effects long after they’ve left the game and anabolic steroids,” added Chaney.

Chaney was asked if it is still possible for the NFL to prevent HGH use in the sport. “I’ve virtually given up hope that any technology will ever prevent muscle doping in any sport, from steroids to hGH, and elimination is out of the question,” Chaney replied. The problem is on how to improve the current methods of anti-doping which will need a lot of funding. Chaney suggested that the NFL can place restrictions on player sizes to at least control the use of performance enhancing drugs.

The two Minnesota Vikings defensive players will likely enjoy another full season without worrying for 4-game suspension. The NFL’s appeal to expedite the decision on the enforcement of the suspension was denied by the court of appeals. Although the league was able to get a favorable ruling from the Hennepin court about their right to impose sanctions, the imposition of the suspension for Pat and Kevin Williams was still on hold because of pending appeals.

NFL spokesman Greg Aiello told the AP that the court noted that the NFL has the option to seek review sooner by filing a motion to vacate the trial court’s ruling blocking the suspensions. “We are studying the decision and will decide whether to pursue that option,” Aiello said. But the league may have to wait until the end of the season before they can get what they want.

In the decision of the Court of Appeals, they noted that the NFL has not demonstrated that the case should get higher priority than others. The court also added that it does not involve issues of statewide importance. The pending appeal will not affect both sides when it comes to financial issues.

The AP report estimated that the hearing for the NFL’s appeal could only push through next year. “Under court rules, it could be mid- to late August before both sides have filed their briefs. Then it typically would take another six to eight months for the appeals court to hold oral arguments. The court then would have up to 90 days to issue its decision,” said Steve Karnowski of AP. Pat and Kevin Williams could still play the whole season. And the most interesting part is that Pat Williams is now on his final year in the Vikings. He will be retiring on October. Even if the league wins the case, the sanction will be useless already.

Peter Ginsberg, the lawyer of the Williamses was optimistic that they will win the case. “We are confident that, no matter how many appeals the NFL files and no matter how much litigation the NFL pursues, the results will not change,” he said. One of the main issues raised by the Vikings players is the alleged violation of the Minnesota laws. The two players took Starcaps, a weight loss supplement. However, it contains a banned ingredient butenamide which can mask the use of steroids. The ingredient was not disclosed on the label but the league maintained its position that the players are responsible for whatever they are taking.

The league imposed a 4-game suspension on the defensive players but it was put on hold because of so many appeals and counter-charges filed by the Williamses. The suspension was supposed to be enforced in December 2008. The court battle between the two camps has made the Starcaps case a major issue in the league. According to profootballtalk.com, the meeting last week between NFL officials and WADA representatives could be centered on the league’s steroid policy. Under WADA rules, athletes caught using diuretics are allowed to explain before imposing sanctions while the NFL imposes an automatic suspension from the game.

Pat Williams and Kevin Williams were not the only players who used the Starcap supplement. Deuce McAllister, Jamar Nesbit, Will Smith and Charles Grant were also tested positive for the substance butenamide and they also received 4-game suspension. Some of them filed a lawsuit against the manufacturer of Starcaps for not disclosing all the ingredients contained in the product.