In response to the revelation that Rams cornerback Fakhir Brown avoided a one-year suspension after a sample he produced for drug testing during the 2007 season was deemed to be diluted, a league source tells us that the NFL’s policy regarding samples containing too much water hasn’t been very successful in application.

Per the source, the policy regarding dilute samples has been used five times since its inception.  The source says that, in each case, the test result was overturned.

The source explained that the entire concept of a diluted specimen contradicts the league’s obsession with proper hydration (a concept that likely became even more important in the wake of Korey Stringer’s death during training camp in 2001). 

In fact, at least one player who tested positive under the drug policy by virtue of generating a diluted specimen was already having his urine tested by the team on a daily basis in order to ensure that there was enough water in his wee.

The source points the blame for these conflicting programs directly at the union: “Why did the NFLPA ever agree to a rule that is nothing more than a trap for many players?”

It’s a great question — one of many that need to be asked, and answered, when it comes to why the union does what it does.