Related case:
CAS 2010/A/2216 Ryan Napoleon vs FINA
December 22, 2010
The Féderation Internationale de Natation (FINA) has reported an anti-doping rule violation against the Swimmer after his A and B samples tested positive in November 2009 for the prohibited substance formoterol.
After notification the Swimmer filed a statement in his defence and he was heard for the FINA Doping Panel in August 2010.
The Swimmer stated he suffers from asthma from a young age and uses prescribed medication, for which he was granted a TUE since 2008. The Person’s father also suffers from asthma and they stored their asthma medication in the same place in their family home. Person argued that they may have, on occasion, inadvertently used each other’s inhaler, due to incorrect labelling by their pharmacist. His father uses another type of asthma medication, which contains the prohibited substance formoterol.
The FINA Doping Panel accepted Swimmer’s statement and finds the Person’s degree of care was less that should be expected from and elite athlete. Without intention to enhance performance and considering the circumstances the FINA Doping Panel decided to impose a 3 month period of ineligibility on the Swimmer starting on 20 August 2010. In addition, all results which were achieved by the Swimmer from 16 November 2009 until 6 April 2010 would be annulled.
Hereafter the Swimmer appealed the case to CAS.
