Related case:
TJD-AD 2022-005 Appeal Decision - Cycling
May 11, 2022
In December 2020 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after her sample tested positive for the prohibited substance Enobosarm (Ostarine).
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence, she refused to accept a sanction of 3 years and requested to lift the provisional suspension. The case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete believed that her prescribed supplements were contaminated or tampered in the compounding pharmacy whereas this pharmacy also failed to respond to the Athlete's submissions.
Analysis of the Athlete's supplements in question in the Rio de Janeiro Lab revealed not the presence of Ostarine. Instead the Lab established the presence of the prohibited substances Canrenone, Indapamide and Spironolactone in these supplements.
The Rio Lab reported that the Athlete's supplements were delivered in open unsealed containers and that there was no evidence of tampering. Furthermore the Lab provided an explanation regarding the detection methods for the differend substances that had been found in the Athlete's sample.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation. There are also no grounds to lift the provisional suspension as requested by the Athlete.
The Rapporteur deems that without corroborating evidence the Athlete failed to demonstrate that the violation was not intentional, nor how the substance(s) had entered her system. There was no evidence of supplement contamination, nor evidence that the analysed supplements in question were purchased by her.
Following lack of cooperation from the compounding pharmacy in question the TJD-AD and ABCD requested the authorities to open an investigation into the conduct of this pharmacy. Ultimately the compounding pharmacy provided the requested documentation.
After assessment of this documentation it was not possible to determine that the Athlete's supplements had been contaminated in this pharmacy. Because of the risk of using compounding supplements the Rapporteur regards that the Athlete possibly acted negligently.
Therefore the TJD-AD Panel decides on 18 March 2022 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 31 October 2020.
