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Prepared Witness Testimony The House Committee on Energy and Commerce
Issues Relating to Ephedra-containing Dietary Supplements.
Subcommittee on Oversight and Investigations
Mr. Donald P. Garber
Mr. Chairman and members of the Committees, thank you for providing me with the opportunity to appear here today and address issues relating to Ephedra-containing dietary supplements. My name is Don Garber and I am the Commissioner of Major League Soccer ("MLS"). By way of introduction, MLS is the United States' ten-team Division I outdoor men's professional soccer league. MLS is currently in the middle of its eighth season. My goal today is to assist the Committee with its task by providing the following information: (1) The MLS policy concerning its players' use of Ephedra-containing supplements; (2) Our rationale for creating this policy; and (3) How MLS administers the policy. 1. MLS' Ephedra Policy Major League Soccer prohibits the use of drugs of abuse and performance enhancing substances, including Ephedra. In conjunction with its prohibition, MLS imposes random drug testing on its entire player pool. Players are subject to year round testing. MLS, through its local governing body the United States Soccer Federation, is governed by the Fédération Internationale de Football Association ("FIFA"), the world governing body for soccer. In this regard, MLS has adopted FIFA's list of prohibited substances which is identical to the banned substance list of the International Olympic Committee ("IOC"). MLS' testing panel follows IOC guidelines and either meets or exceeds standards set by other major professional sports leagues and the Department of Transportation. To my knowledge, MLS was the first major professional sports league in the United States to ban Ephedra. Following the examples set by the IOC and FIFA, MLS classifies Ephedra as a performance enhancing substance. Absent compelling scientific evidence to the contrary, MLS will not reclassify Ephedra. 2. MLS' Rationale for Prohibiting Drugs of Abuse and Performance Enhancing Substances Including Ephedra Major League Soccer has banned drugs of abuse and performance enhancing substances, including Ephedra, for a number of reasons. First and foremost, MLS is concerned about the health and welfare of its players and their families. The reasoning is simple. Our players are our most important asset. To achieve our stated goal of being one of the top soccer leagues in the world we need to keep our players healthy and set a standard that attracts the top international players. We take this responsibility very seriously and in crafting policies regarding player welfare we have reviewed extensive information regarding the adverse health effects caused by the use and abuse of illegal drugs, steroids and related substances. Second, MLS believes it is critically important for our players to serve as role models worthy of emulation by our fans. With more than 20 million players, soccer is the largest organized participatory sport in this country. Soccer is also the "gateway to a New America" serving as the common denominator for the millions of immigrants who now call our great country home. This convergence of youth and ethnicity that uniquely comes together through soccer provides our League with a tremendous opportunity, and responsibility, to influence positively the behavior of a large and rapidly growing segment of our population. As a League we understand the need to seize this opportunity and have created a policy that we believe sets the highest standards for our players and fans. Third, soccer is the world's game. MLS competes for its player pool in a world market and, MLS, to a degree, is judged by the success of the United States on the world stage. The United States National Soccer Team that competes at the World Cup and Olympics is comprised of a majority of MLS players. These U.S. National Team players, as well as international players that play for their respective countries' national teams, are often called to compete in international competitions administered by FIFA. As such, MLS determined that it is logical to align itself with the doping policies of FIFA. Finally, MLS believes that the use of performance enhancing substances compromises the integrity of professional sports. Athletes desire, and wholeheartedly deserve, a "level playing field" where they can compete with integrity to be the very best. There is simply no room for cheaters in sports and as our young League begins to establish its history we refuse to face a future where the performance of our players or the integrity of the world's most popular sport is tarnished in any way. 3. Implementation of MLS' Policy Major League Soccer's mission is to become one of the world's best soccer leagues and one of America's premier sports and entertainment properties. One such area in which we believe we have taken a leadership role is the development of a comprehensive and forward-thinking Substance Abuse and Behavioral Health Program (the "Program"). Our Program has a four-pronged approach: (i) education, (ii) prevention, (iii) assessment, and (iv) intervention. The Program is administered by Assessment Intervention Resources, a third party which specializes in the education and treatment of professional athletes and entertainers. The most important part of the Program is the educational component. Each preseason, and at times throughout the season, MLS players are required to attend a players-only meeting with Assessment Intervention Resources. These meetings broach a wide array of topics. Past meetings have included education regarding the perils of drinking and driving, the use of club drugs, and the importance of safe sex. This preseason, as a direct response to the tragedy involving Baltimore Orioles' pitcher Steve Bechler, MLS' players were educated as to the dangers involving the use of Ephedra-containing supplements. In order to encourage players to ask questions and seek assistance, the dialogue at the meetings is held in confidence. As previously stated, another major component of the Program consists of random drug testing of the MLS player pool. If a player tests positive for a prohibited substance, MLS, under the direction of its third-party experts, mandates counseling and treatment for the player in addition to any appropriate disciplinary action. Disciplinary action consists of differing degrees of suspension, with or without pay, up to termination of a player's contract. However, the main focus of the Program is to identify players with a substance abuse problem and to provide them with assistance. Beyond these basic components, players and their families are encouraged to take advantage of a 24-hour hotline that allows them to seek counseling or referral for any substance abuse or behavioral health issue. Ultimately we believe the key to our Program is to remain proactive. Our continual goal with the Program is to prevent tragedies, rather than react to them. Once again, thank you for allowing me to testify before you today. Major League Soccer appreciates the Committees' diligence in investigating this topic.
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