In a legal brief submitted to the NFL on Sunday, Saints running back Deuce McAllister and defensive ends Charles Grant and Will Smith make their case for avoiding discipline under the league’s policy regarding anabolic steroids and related substances.
Per a source with knowledge of the arguments, the Saints players have focused primarily on the fact that Dr. John Lombardo, the administrator of the steroids policy, had actual knowledge that StarCaps had been spiked with Bumetanide, a potent medication available only by prescription, and that Dr. Lombardo had failed to warn the league’s players regarding the presence of Bumetanide in StarCaps.
The league learned that StarCaps contained Bumetanide after a player who tested positive for the substance said he had taken StarCaps. Dr. Brian Finkle, the consulting toxicologist for the steroids policy, testified at last month’s hearing that he thereafter requested an investigation into StarCaps.
The investigation revealed that StarCaps contains Bumetanide.
Dr. Finkle also testified that he was concerned about the presence of Bumetanide in StarCaps, and that he had shared his concerns with Dr. Lombardo. Dr. Finkle testified that his final discussion with Dr. Lombardo centered on the best ways for communicating the information to players.
Ultimately, Dr. Lombardo opted to issue a memo to the players warning them generally about weight loss reduction products, without specifically mentioning StarCaps. Dr. Lombardo testified that, if StarCaps had been specifically mentioned, players would later claim that other supplements later determined to contain banned substances should have been mentioned as well.
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