FINA 2019 FINA vs Kira Toussaint

In December 2018 the International Swimming Federation (FINA) has reported an anti-doping rule violation against the Dutch swimmer after her A and B samples tested positive for the prohibited substance Tulobuterol. After notification a provisional suspension was ordered and the Athlete filed a statement with evidence in her defence.

The Athlete denied the intentional use nor did she use any medication that contained this substance while she had a valid TUE for the use of a medication as treatment for her condition.
Supported by an expert witness the Athlete argued that her medicine Wellbutrin contained the active substance Bupropion which has the similar chemical structure to that of Tulobuterol. Here the Athlete contended that the positive result for Tulobuterol is explained by her use of Bupropion leading to a false positive.

After the Athlete’s expert report regarding Bupropion was submitted to WADA an investigation was initiated and reanalysis of the Athlete’s sample was performed. Hereafter the WADA Accredited Lab reported that the adverse analytical finding for Tulobuterol in the Athlete’s sample was incorrect and the result was updated in ADAMS. FINA officially withdrew its case against the Athlete on 11 March 2019.

Accordingly the FINA Doping Panel finds on 19 March 2019 that the Athlete has not committed an anti-doping rule violation and decides to cancel the process and scheduled hearing.

Original document

Parameters

Legal Source
Decisions International Federations
Date
11 March 2019
Arbitrator
Fox, Robert
Kerr, Peter
Lech, David
Original Source
International Swimming Federation (FINA)
Country
Netherlands
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acquittal
Circumstantial evidence
Sport/IFs
Swimming (FINA) - World Aquatics
Other organisations
World Anti-Doping Agency (WADA)
Analytical aspects
B sample analysis
False Positive
Reanalysis
Reliability of the testing method / testing result
Doping classes
S3. Beta-2 Agonists
Substances
Tulobuterol
Medical terms
Asthma
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Various
ADAMS
Document type
Pdf file
Date generated
16 April 2019
Date of last modification
29 January 2020
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin