Related case:
CAS 2019_A_6465 WADA vs ISU & Vitali Mikhailov
September 30, 2020
In June 2019 the International Skating Union (ISU) has reported an anti-doping rule violation against the Belarussian skater Vitali Mikhailov after his sample tested positive for the prohibited substance Higenamine in a low concentration. After notification the Athlete filed a statement in his defence and co-operated fully.
The Athlete admitted the violation, denied the intentional use of the substance and explained that he had purchased in Canada a pre-workout supplement in a sports nutrition store. He mentioned the use of this supplement on the Doping Control Form and acknowledged that he was unaware that this supplement contained a prohibited substance.
On being asked, the Montreal Lab declared that a 7 ng/mL concentration of Higenamine was found in the Athlete’s sample which is below the official reporting limit as defined in the WADA Technical Document TD2018MRPL and should not have been reported by the laboratory. However because the Athlete mentioned this supplement containing a prohibited substance on the Doping Control Form the chief laboratory analyst, after having consulted WADA, decided to report the case as Adverse Analytical Finding to the ISU.
The ISU Disciplinary Commission considered this case and concludes that a value of 7 ng/mL of Higenamine should not have been reported as an Adverse Analytical Finding. Given that this level should not have been reported, no weight can be given to a sanction flowing from it. The correct result is that no Adverse Analytical Finding (pursuant to the WADA Technical Document) was found. The result was only reported due to the admission of the Skater by declaration that he had used a supplement on the DCF. This supplement was later confirmed as stating it contained Higenamine in the list of ingredients.
Here the Montreal Lab found that the presence of Higenamine was not a positive test from a plant or organise source but from a supplement. Therefore, Higenamine was reported at below the reporting threshold of 10ng/ml.
In this case the athlete was placed in jeopardy by the honest and correct declaration of use of a nutritional supplement declared on his Doping Control Form.This supplement contained a prohibited substance that manifested in his urine sample at a level below the Minimum Required Performance Level (MRPL). The MRPL is presumably set after consideration of the possibility of natural sources or contamination effects, and due to scientific uncertainty of any performance enhancing effects below this level.
Therefore the ISU Disciplinary Commission decides on 12 August 2019 to dismiss the case against the Athlete.
