this is 100% true.
alongside BCAA, coaches cannot give protein if the protein caloric content is more than 33% of the mix. Surge would be out as the BCAAs, glutamine and phenylalanine are counted towards protein alongside the hydrosylate.
this explains a lot of lame products that are NCAA compliant like muscle milk collegiate. take a less than top notch protein and add a bunch of cheap carbs, now college athletes can take it for free. i think met-rx has a similar product.
at the time these regulations were made the products were a lot less researched and much more expensive due to low production levels, so they were banned from distribution by the athletic programs/school/coach to allow smaller programs (read money losing) a fair field so to speak.