In June 2009 the Agenţia Naţională Anti-Doping (ANAD), the National Anti-Doping Agency of Romania, has reported an anti-doping rule violation against the Athlete Carmen Cristina Toma after her sample tested positive for the prohibited substance heptaminol.
In August 2009 the Romanian Hearing Commission of Athletes and Athlete Support Personnel concluded that the Athlete had no intention to enhance performance when she used a supplement which contained the prohibited substance.
Therefore the Hearing Commission of Athletes and Athlete Support Personnel decided to impose a reprimand and a warning on the Athlete.
Hereafter WADA appealed the decision of the Hearing Commission with the Romanian Appeal Commission. WADA requested the Appeal Commission to set aside the decision of the Hearing Commission and to impose a period of ineligibility between 1 year and 2 years. WADA argued that the Athlete purchased the supplement without informing the sales person that she is a national level Athlete and she also failed to read the leaflet before using the supplement. The prospectus of the supplement expressly mentions that the pills contain heptaminol.
The Romanian Appeal Commission concludes that the Athlete had not intention to enhance her sport performance but finds that she could have taken more caution with reading the prospectus before using the pills.
Considering the circumstances the Romanian Appeal Commission rules that the WADA appeal is partly allowed and to set aside the decision of the Romanian Hearing Commission of Athletes and Athlete Support Personnel.
Therefore the Romanian Appeal Commission decides to impose a 1 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 12 June 2009.
