Related case:
JADDP 2018-003 JADA vs J-5975
November 19, 2018
In June 2018 the Japan Anti-Doping Agency (JADA) 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. 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 prescribed by his mother a physician.
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 afterwards filed in June 2018 for this medication was denied by the JADA TUEC on 23 July 2018.
Hereafter the Athlete appealed the TUEC decision of 23 July 2018 with the Japan Sports Arbitration Agency (JSAA).
Considering the evidence in this case the JSAA Panel deems that there were reasonable alternative medications available as treatment for the heavy asthma attacks the Athlete suffered when the Revlar medication was used in May 2018. Therefore the JSAA Panel decides on 6 September 2018 to dismiss the Athlete's appeal and to uphold the JADA TUEC decision of 23 July 2018.
