Related case:
TJD-AD 2022-018 Appeal Decision - Football
November 7, 2022
In March 2022 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Stanozolol.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and did not accept a sanction of 2 years proposed by ABCD. Thereupon the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete accepted the test results and denied the intentional use of the substance. He explained that he had used supplements prescribed by his endocrinologist and specialist in sports nutrition whereas his supplements were provided by a recommended compounding pharmacy.
Analysis of these prescribed compounded supplements in the Rio Laboratory revealed the presence of Stanozolol contaminants in 2 of the Athlete's supplements. The Athlete argued that the concentration of Stanozolol in his sample was to low to be effective for sport enhancement.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
Following assessment of the evidence the Rapporteur determines:
- The Athlete's violation was not intentional and likely the result of the use of a contaminated supplement.
- The Athlete acted with a low degree of fault or negligence although he failed to mention his supplements on the Doping Control Form.
- The football player was an experienced athlete, had received anti-doping education and was tested before without issues.
- His supplements were prescribed by a specialist and compounded by a recommended pharmacy.
- The established concentration Stanozolol was low and consistent with the concentration found in the contaminated supplements.
- Another contamination case had surfaced in the matter of a tennis player who had used supplements provided by this pharmacy in question.
- The Pharmacy acted negligently, lacked to cooperate and only provided insufficient information to ABCD.
- This pharmacy shall be reported to the Brazilian Health Regulatory Agency to consider any further action.
- There were substantial delays in this case not attributed to the Athlete.
Therefore the TJD-AD Tribunal decides on 10 October 2022 by majority to impose a 10 month period of ineligibility on the Athlete, starting on the date of sample collection, i.e. on 5 February 2022.
