Mr. Nicklas is a Swedisch Athlete competing in the Swedish Men’s Ice Hockey Team at the Sochi 2014 Olympic Winter Games.
On 23 February 2014 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance pseudoephedrine (PSE). After notification the Athlete was provisional suspendended and heard for the IOC Disciplinary Commission.
The Athlete stated he used the medication Zyrtec-D for the past seven years against allergies on the recommendation of a doctor and without this having given rise to an adverse analytical finding in the past.
The Athlete knew it contained PSE and therefore informed his team doctor and declared the medication on the Doping Control Form. The Athlete was not aware of the recommendation of WADA regarding medication containing PSE, i.e. to stop taking such medication at least 24 hours before competition.
At the hearing the Athlete’s team doctor Dr. Bjorn Waldeback stated that he was aware of the WADA recommendation regarding medication containing PSE; and the Athlete had indeed consulted him about using the medication and that the Doctor had given his consent. The Doctor stated that he was at fault for advising the athlete that the medication would not result in a positive test result and acknowledged that this may have been a mistake.
The IOC Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 the World Anti-Doping Code and Articles 2 and 12 of the Rules, in that there was the presence in his body of the prohibited substance, pseudoephedrine, in excess of the applicable decision limit of 170 μg/mL.
After careful examination, the IOC Disciplinary Commission finds that the Athlete should not be disqualified from, or rendered ineligible in respect of, the Sochi Olympic Winter Games. As a consequence, the Athlete is entitled to receive the silver medal and diploma awarded in respect of the men’s ice hockey event.
The IOC Disciplinary Commission notes that the above outcome is based on the very specific facts of this case and should in no way be considered as either detracting from the personal duty of athletes to ensure that no prohibited substance enters their system or minimizing the consequences of any failure to meet that duty.
The Commission finds that the team doctor Dr. Bjorn Waldeback made a serious error by advising the Athlete that his use of Zyrtec-D would not give rise to an adverse analytical finding. In the event that Dr. Bjorn Waldeback applies for an accreditation to a future edition of the Olympic Games, the IOC Disciplinary Commission strongly recommends that the IOC should seriously consider Dr. Waldeback’s role in the Athlete’s anti-doping rule violation when assessing whether to grant such an accreditation.
Therefore the IOC Disciplinary Commission decides:
1.) The Athlete, Mr Nicklas (Lars) Backstromhas committed an anti-doping rule viola-tion during the Sochi Olympic Winter Games.
2.) The International Olympic Committee shall not impose any further sanction or measure on the Athlete in respect of such anti-doping rule violation in connection with the Sochi Olympic Winter Games
3.) The International Ice Hockey Federation is requested to consider any further action within its own competence.
4.) This decision shall enter into force immediately.
