Those Crafty Williams Boys...

[sharpe1027]

The drug, that the manufacture of Starcaps illegally put in their product, made it only legally available by perscription. At least that is how it should have been made available if the manufactures would have been honest about the true composition of their product.

Once again, the FDA blew it by letting this get to market without testing the actual content of the supplement.

Answer this, if it isn't a drug(legal or illegal, natural or manmade) what are you ingesting that makes you loose weight quicker than not taking it?

I think Ras explained that the FDA does not test over-the-counter supplements, since they do not regulate them as prescription drugs.

Still, it doesn't matter to the issue at hand. The players had a prescription drug in the system, they had no prescription for it. Maybe it was due to starcaps (maybe they just used it as an excuse), but it doesn't matter, not one bit. The CBA does not require that the players knowingly take a banned substance to be fined/suspended.

[NewsBruin]

Per the FDA:

FDA regulates dietary supplements under a different set of regulations than those covering "conventional" foods and drug products (prescription and Over-the-Counter). Under the Dietary Supplement Health and Education Act of 1994 (DSHEA), the dietary supplement manufacturer is responsible for ensuring that a dietary supplement is safe before it is marketed. FDA is responsible for taking action against any unsafe dietary supplement product after it reaches the market. Generally, manufacturers do not need to register their products with FDA nor get FDA approval before producing or selling dietary supplements.* Manufacturers must make sure that product label information is truthful and not misleading.

FDA's post-marketing responsibilities include monitoring safety, e.g. voluntary dietary supplement adverse event reporting, and product information, such as labeling, claims, package inserts, and accompanying literature. The Federal Trade Commission regulates dietary supplement advertising.

*Domestic and foreign facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States are required to register their facility with the FDA. For more information, see Registration of Food Facilities.

I was wrong in thinking that there was not an approved supplements list. There is a lab that tests for/approves supplements. The only supplements on the list are Myoplex, which is a partner with the NFL Network's reality Draft Pick show.

There is a Do Not Endorse list submitted to the NFLPA, and it included StarCaps, but the NFL's doctor and lawyer never told the union, teams, or players that Bumetadine was found in StarCaps. I think there was a big dereliction of medical ethics and deserved loss of trust there.

I agree with the posters that the NFLPA will hold something above the NFL for waiving the Minnesota laws in future Collective Bargainaing negotiations -- even though most of the league would like for all players to have an equal field. If De Smith is smart, he's going to have all 20 states' laws checked for similar drug-testing statues.

[NewsBruin]

The CBA does not require that the players knowingly take a banned substance to be fined/suspended.

The CBA also never addressed state labor law, and that's going to bite the NFL square in the butt.

[pbmax]

The drug, that the manufacture of Starcaps illegally put in their product, made it only legally available by perscription. At least that is how it should have been made available if the manufactures would have been honest about the true composition of their product.

Once again, the FDA blew it by letting this get to market without testing the actual content of the supplement.

Answer this, if it isn't a drug(legal or illegal, natural or manmade) what are you ingesting that makes you loose weight quicker than not taking it?

All very good points and perhaps the reason supplement manufacturer's should be required to submit their products for testing and regulation. But as of now they are not required to do so.

As for the claims by the makers of Star Caps, the ingredients were supposed to include: Papaya, Garlic, Valerian, Corn Spices, and Papain. Whether any of those can actually cause someone to lose weight, well, papaya can't hurt you, can it? What have you to lose by trying it, other than your job?

[Rastak]

I typed up a great post and it all went away when I hit submit........DAMN IT.


okay, retyped in a shorter form....DAMN IT.


I'm sure you guys are sick of the story but I find it interesting for obvious reasons. Today judge Larson issued a ruling on the state claims.


1) The NFL asked that the state claim be stayed until the appeal is resolved. The judge agreed in that it made no sense to begin a trial when the federal appeals court could claim juristiction and render the state claim moot. (Mute for those dudes that can't understand the difference between moot and mute...aye yi yi).

2) Disgregarded the NFL's completely contradictory request that the state trial begin immediately. (Let's have our cake and eat it too). He indicated any state trial would likely occur in 2010 due to caseload.


Anyway, while bored at lunch I did a bunch of research and found that this is indeed a very complicated question.

The crux is the following: Is section 301 of the National Labor Relations Act applicable in this case? If so, federal district court will have jurisdiction and will undoubtably rule the CBA preempts any state law.


I found the supreme court ruled against catarpiller corp and found the employee claims were prememted by state law (unrelated to drug testing). In a drug testing case I found that due to a bunch of techinical legal points, 301 was not preempted. Florio pointed out a recent (april 2009) supreme court decision casts arbitration decisions or processes as not preempted by state court unless specifically exluded in the CBA language. He seems to think this applies and will be the deciding factor.


I am not a lawyer nor do I play one on TV, so I guess it boils down to this after all my reading....


1) Florio seems to think the April case he references applies. He is a (until very recently)practicing lawyer, while I know jack about law. It doesn't look like it to me but I never attended law school.

2) Judge Magnuson has been on the bench for many many years. He is no dummy. He did not remand this to state court on a whim, not caring if he were over-ruled. He must have a solid legal basis to do so, in which case I must say, "What the hell do I know".

[Fritz]

Let them play. The NFL appears to be making rules and then being rather opaque about informing players exactly what can and can't be had.

[3irty1]

It was my understanding that the NFL had star caps tested years ago when a player wanted to know if it was ok. They informally cleared it for use. Then star caps changed the formula to use an FDA regulated drug which is of course illegal. Then NFL tested it again, found the FDA regulated drug, and neither informed the players or FDA? or am I all wrong?

I only ask because I thought the blame was 99% star caps, 1% nfl, 0% fat queens. If the NFL knew then they are obviously much more at fault and also dicks for not protecting their players.

On a related note, All this wasted time and money over this is terrible. They should have been given the benefit of the doubt from the start when star caps turned out to be selling FDA regulated drugs like it was weight loss candy. I don't care if the Williams sisters were supposed to be smarter. They are big dumb lineman. Outsiders assume that because they play in a league of world class athletes and make millions of dollars that they should be fed sterile, healthy food intravenously by scientists. The reality of it is that they are free human beings who should be able to eat anything I can eat including taco bell, and presumably star caps... unless star caps is slipping roid covering drugs into their pills. The NFL's desired anti-steroid image is screwing its own players. This never should have gone past NFL appeals.

[denverYooper]

I want to care. But I just don't.

[SnakeLH2006]

I want to care. But I just don't.

QFT. Brevity is the soul of wit, Yooper. Agreed.

[ThunderDan]

Bump.

One of the original StarCaps threads.