Facts
The Canadian Centre for Ethics in Sport charges Dmitry Shulga for a violation of the Canadian Anti-Doping Program (CADP). An urine sample was collected in competition on 16 February 2013 during SNC's Speedo Eastern Canadian Championships. His sample tested positive on metabolites of the prohibited substance bumetanide, these substances are identified as a "specified substances".
History
The Athlete was able to establish to the satisfaction of the CCES that the presence of Butanamine in his system was the result of his ingestion of the nutritional supplement Craze ("Craze"), sold by Driven Sports Inc. ("Driven Sports"). The label states "This product may contain ingredients banned by certain organizations. Shulga emailed Driven Sports: The athlete emailed the Driven Sports: "As a WADA tested athlete I am subject to drug testing and I was wondering if any banned substances are present in your pre-workout supplement Craze." On 8 August 2012 he received the following response: I can assure you that there are absolutely no controlled or prohibited substances in Craze. We fully stand by our product and have spent a lot of money researching and developing the ingredients on the label. We have been told of many users that are tested for employment including military personnel, athletes, police officers, parole officers and also parolees, who have had no issue with Craze.
Also in later contacts the Athlete was told that the product didn't contain prohibited substances.
Decision
The athlete is declared ineligible for a period of 11 months, commencing on 7 April 2013.
Costs
This Award is made without any award of costs, other than with respect to the costs and expenses incurred by each party in the arbitration, which shall be borne by each of them respectively.
