The use of performance enhancing drugs (PEDs) by athletes, and the application of drug testing policies aimed at eradicating them, have been an increasing focus of modern sports. Even casual fans are familiar with suspensions of high-profile athletes for violation of PED policies, which in most cases are based on principles of strict liability; a positive test results in often harsh penalties without regard to whether the athlete had any intent to cheat or even any knowledge that a prohibited substance was being used.
For example, in the widely publicized NFL “StarCaps” case, several professional football players were suspended under the NFL’s PED policy when they tested positive for bumetanide, a prescription diuretic and masking agent banned under the NFL’s PED policy. The players tested positive after taking StarCaps, an over-the-counter dietary supplement that contains bumetanide, but which does not list bumetanide as an ingredient on the label. The players, who had no idea that they were using a prohibited substance, were suspended for four games under the NFL PED policy, which warned that since the labels of supplements are not regulated, players use such supplements at their own risk.
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