HARD LINE ON EPHEDRA

Using an Over-The-Counter Supplement Nets a Four-Game Suspension While
Snorting Coke Lands an Offender in a Treatment Program, Prompting Players
to Cite a Miscarriage of Justice

The players are perturbed, the union is backtracking and the manufacturers are miffed.

But 12 games into its crackdown on ephedra, the NFL says it's not wavering on keeping the popular - and, some say, deadly - stimulant out of the game.

The league, however, is willing to talk.

This season, at least four NFL players have been pinched by the new ephedra
prohibition that delivers a a four-game suspension to anyone testing
positive. It doesn't matter if a kicker accidentally sips ephedra in a
spoonful of cold medicine or a linebacker knowingly chugs Metabolife, a
top-selling product containing ephedra, while dreaming of touchdown glory.

Zero tolerance is the rule. And as some players blast the notion that
swallowing a legal supplement draws a stiffer penalty than snorting a line
of cocaine, their union leader, Gene Upshaw, seems to be questioning a
policy he agreed to last year.

A rule change could be brewing.

"There are no, absolutely, no plans to remove ephedrine from the banned
substance list," NFL spokesman Greg Aiello said. "The health risks
associated with using this substance are well documented.

"Gene Upshaw has indicated he wants to review the level of discipline for
testing positive for ephedrine and other banned substances. That is an
issue we will discuss with Gene and the players association in the offseason."

It has been the NFL's most prickly issue this season, far outstripping the
debate over who should be the starting quarterback in St. Louis.

Carolina Panthers head coach John Fox has lost two players to the new rule
and asked the league to look at "the harshness" of the penalties. Upshaw
called it unfair to suspend players without pay for inadvertent mistakes.
And Denver Broncos tight end Patrick Hape argues the NFL is out of step by
deeming over-the-counter products more dangerous than street drugs.

"I don't agree with how they set it up," Hape said. "You can be suspended
for four games for ephedra, but if you go smoke a joint or do coke and then
test positive for that, all you have to do is go to counseling."

That's because the league classifies drugs in two ways: performance
enhancers, such as steroids, versus health risks, such as cocaine and other
narcotics.

Although ephedra has been linked to reports of severe health problems, the
league has lumped it with drugs that may give players an unfair edge. All
players are randomly asked to provide urine samples to check for steroids,
ephedra and other banned boosters. One positive test brings a four-game
suspension.

'I think they should find out why ephedra is in someone's system before
they are suspended, because it could be from cold medicine.' Patrick Hape

Denver Broncos tight end, on the NFL policy's for ephedra use. Ephedra is
commonly found in cold medications, diet pills, energy pills, nutritional
supplements and sports drinks.

But for illegal drugs such as marijuana or cocaine, a first positive test
simply puts a player "in the system," where they are monitored more closely
by the league. They don't miss any games or paychecks. A second violation
sparks a four-game suspension. A third positive test prompts a six-game
punishment. Violation No. 4 warrants a one-year banishment.

"I think they should find out why ephedra is in someone's system before
they are suspended, because it could be from cold medicine," Hape said.

Widespread before ban Two years ago, ephedra was openly downed before and
after practices by numerous NFL players. The New York Giants' trainer
estimated that 40 of his team's 53 players used it. But all that changed
after Minnesota lineman Korey Stringer collapsed and later died at training
camp in August 2001.

The 335-pound player died from heat stroke, but team officials found an
empty bottle of an ephedra-laced supplement in his locker. Although the
product is sold in over-the-counter asthma medications, weight-loss drinks
and herbal teas, the NFL banned all use one month later. Upshaw and the
union agreed with the move, saying "it is needed because we just don't know
enough about these substances."

"These substances present a significant health risk for athletes and others
engaged in strenuous activity," Aiello said. "There is growing evidence
linking ephedrine (the active ingredient in ephedra) to fatal heart rhythm
difficulties, strokes (and) seizures."

Details Ephedra-related incidents

NFL officials say they were considering an ephedra ban before the death of
a player who apparently used the supplement. Here's how events have
unfolded after that tragedy.

Minnesota's Korey Stringer Aug. 1, 2001: Korey Stringer, a 335-pound Pro
Bowl offensive lineman for the Minnesota Vikings, dies at 27 because of
complications from heatstroke after collapsing at training camp. Team
officials find an empty bottle of a supplement containing ephedra in his
locker.

Sept. 8, 2001: The NFL bans ephedra after being told by experts that the
substance often found in strength-building food supplements can cause
seizures, strokes and death. The ban falls under the league's policy on
anabolic steroids and related substances.

July 1, 2002: The NFL begins testing players for ephedra use. A positive
test will result in a four-game suspension.

Nov. 4: Carolina Panthers defensive tackle Brentson Buckner is suspended
four games for violating the NFL's steroid and related substances policy.
He tested positive for ephedra, but argued the banned substance wasn't on
the product label for diet pills he took.

Nov. 6: The NFL suspends Kansas City Chiefs linebacker Lew Bush four games
after he tests positive for ephedra. His agent says the positive test was
the result of Bush using a sports drink.

Nov. 14: Panthers defensive end Julius Peppers, the top candidate for NFL
defensive rookie of the year, faces a four-game suspension for violation of
the steroids and related substances policy. News reports say the substance
was ephedra.

Dec. 1: Baltimore Ravens wide receiver Javin Hunter faces a four-game
suspension after a random test finds traces of ephedra, the NFL confirms.
Hunter has appealed.

Dec. 3: Peppers is suspended for the final four games of the season after
withdrawing an appeal of the penalty.

The NFL has verified reports of one player taking an ephedra product then
suffering a seizure on a postgame plane ride, according to Dr. John
Lombardo, the league's chief adviser on performance enhancing drugs. In
addition, the NFL reports two players collapsed with cardia arrhythmias in
practice after taking the supplement. The league did not identify the players.

The NFL is not alone on the ban. Earlier, the NCAA and the International
Olympic Committee banned ephedra for its athletes.

One of the leading makers of ephedra products, Metabolife, pleaded with the
NFL to reconsider the move and claimed the supplement's name was muddied by
media hype and sloppy reporting. Stringer's death was tragic, said
Metabolife attorney Garry Pay, but it had nothing to do with ephedra.

"Stringer did not have ephedrine in his blood, and his death had been found
to be heat-related," Pay said in an October 2001 letter to NFL commissioner
Paul Tagliabue.

"But this type of innuendo-based reporting, relying on a combination of
junk science and pure invention, created the false impression that
ephedrine-containing products are anything other than safe and effective
for weight control when used at recommended doses by appropriate individuals."

AMA backs ban According to the American Medical Association, however, the
evidence against ephedra continues to mount. To date, the U.S. Food and
Drug Administration has tracked more than 1,000 incidents of people falling
seriously ill - including several deaths - after taking ephedra-laced products.

For that reason, the AMA is urging the NFL to stick with its strict policy.

"What's good for the NCAA is good for all other sports associations whether
they are amateur or professional," said Dr. Ron Davis, a spokesman for the AMA.

"We have called on the FDA to pull these products from the market. We think
they pose unacceptable risks in the face of very questionable benefits - a
key claim for these products is they boost energy and improve athletic
performance.

"We just don't think athletes should have to rely on a drug with potential
serious health risks in order to improve athletic performance."

Next season, the punishment for a first ephedra offense may be reduced from
four games if the union and many of the players get their way. But there
may be one more change: a league-approved, independently tested supplement
that all players can take without worries of a failed urine test or harmed
health. Upshaw recently pitched that idea to the NFL.

"It has been discussed and we will continue to explore with the union the
feasibility of the idea," Aiello said.

Talk to some players and they will flatly endorse the wonders of ephedra.
It cuts fatigue and helps lengthen workouts, they say.

"It does work," Broncos defensive end Keith Washington said. "I'm not going
to say how I know, but it does work.

"But anytime you can save a person's life by banning something that can
potentially or eventually be fatal, it's a good rule. It's a good decision.

"It has," Washington said, "no place in the game."

NFL substance polices Steroid and related substances

Prohibited substances: Anabolic steroids, growth hormones and
beta-2-agonists (clenbuterol, etc.), human chorionic gonadotropin,
diuretics and other masking agents, ephedrine and certain stimulants and
dietary "supplements" containing prohibited substances and other substances
related to the above.

Players subject to testing: All players at least once per year, usually in
preseason. Weekly preseason, regular season and postseason tests, and
periodic offseason tests with players selected by computer on a coded or
"blind" basis. Reasonable cause testing for players with prior steroid
involvement or when medical or behavioral evidence warrants.

Consequences of violating policy:

First positive test: Medical evaluation (if adviser directs) and suspension
for four regular or postseason games.

Second positive test: Medical evaluation (if adviser directs) and
suspension for six regular or postseason games.

Positive test in preseason: Two-week preseason suspension in addition to
suspension for prescribed number of regular or postseason games.

Third positive test: Minimum one-year suspension.

Players will not be paid during suspensions.

Players are subject to discipline for positive tests at any time during the
year.

Failure or refusal to take a test will warrant disciplinary action by the
commissioner, as will efforts to evade or distort test results.

Appealing test results: A player may appeal test results or discipline to
the commissioner. He will be offered a hearing and may be represented by
counsel.

Substances of abuse

Players enter program because of: positive urinalysis for drugs of abuse;
medical director determination based on behavioral assessment; self-referral.

Program phases:

Stage 1: Evaluation by psychiatrist and mandatory treatment contract.
Failure to cooperate or failure to comply with treatment contract results
in three-game check fine. All failing players advance to Stage 2.

Stage 2: Urine tests - up to 10 per month for two years at direction of NFL
medical adviser.

First positive test equals four-game check fine (four-week suspension if
fined in Stage 1). Second positive test equals four-game suspension
(six-week suspension if fined in Stage 1) and advancement to Stage 3.

Failure to provide urine sample is considered a positive test.

Stage 3: Urine tests - up to 10 per month for three years at direction of
NFL medical adviser. Any positive test results in banishment for minimum of
one year.

Source: National Football League