August 12, 2010

Just when you thought you’d never hear about StarCaps again, its back.  Former New Orleans Saint Guard Jamar Nesbit is suing the NFL for their non-disclosure of banned substance bumetanide in the StarCaps weight loss supplement.  Nesbit took the supplement, which did not have bumetanide listed as an ingredient, and was subsequently suspended by the NFL for banned substance usage in 2008.  Deciding not to appeal, Nesbit served a four-game suspension and lost his starting job upon returning to the team.

He was released by the Saints in this past March.

Nesbit’s argument is similar to the argument used by Pat and Kevin Williams in their case against the NFL; the NFL knew StarCaps contained bumetanide but was lax in giving notice to the NFLPA, the players themselves, or the Food and Drug Administration.  The Williamses appealed their suspensions, and even though the players’ claims were dismissed, Hennipin County Judge Gary Larson granted an injunction, preventing the NFL from suspending the players (the NFL has since appealed).  Nesbit is also arguing a double standard in terms of enforcement; at least eight players were not suspended after having used StarCaps during the 2006-2007 seasons, whereas Nesbit was suspended in 2008.

Nesbit is asking for lost wages and undisclosed punitive damages, alleging negligence and fraud by the NFL.

The NFL meanwhile has maintained their usual position; players are strictly liable for what they put in their bodies.

“There is no basis for undoing the discipline issued for Mr. Nesbit’s violation of a collectively bargained program and, therefore, no merit to this lawsuit,” said NFL spokesman Greg Aiello.



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