Related case:
JADDP 2018-003 JADA vs J-5975
November 19, 2018
In June 2018 the Japan Anti-Doping Agency (JADA) has reported an anti-doping rule violation against the cyclist J-5975 after his sample tested positive for the prohibited substance Vilanterol. After notification a provisional suspension was ordered in September 2018. The Athlete applied for a TUE, filed a statement in his defence and he was heard for the Japan Anti-Doping Disciplinary Panel (JADDP).
The Athlete gave a prompt admission, accepted the test result and denied the intentional use of the substance. He explained that he had used the medication Revlar as treatment for his asthma attacks in May 2018 prescribed by his mother and physician and he mentioned this on the Doping Control Form.
The physician testified that she erroneously believed that for this prescribed medication the TUE would be granted automatically. However instead the physician had to apply for a TUE and explain why this medication was used and not the regular substances Salbutamol, Formoterol or Salmeterol. Further the TUE application made afterwards in June 2018 for this medication was denied by the JADA TUEC and this rejection was again confirmed by the Japan Sports Arbitration Agency on 6 September 2018 when appealed by the Athlete J-5975.
Considering the circumstances the Panel finds that the anti-doping rule violation was not intentional, that the Athlete gave a prompt admission and that he established No Siginificant Fault or Negligence in this case.
Therefore the JADDP decides on 19 November 2018 to impose a 3 month period of ineligibility on the Athlete J-5975 starting on the date of the provisional suspension, i.e. on 6 September 2018 until the date of this decision.
