TJD-AD 2022-006 Disciplinary Decision - Swimming

Related case:

TJD-AD 2023-004 Appeal Decision - Swimming
March 13, 2023

In February 2022 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the swimmer after her sample tested positive for the prohibited substances Chlorothiazide, Furosemide, Hydrochlorothiazide and Sibutramine.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and did not accept the sanction proposed by ABCD. Hereafter the case was referred to the TJD-AD Tribunal.

The Athlete denied the intentional use of the substances and requested the Panel for a reduced sanction. She established with evidence that a contaminated supplement was the source of the prohibited substances.

Analysis in the Rio Laboratory confirmed the presence of the contaminants in this product. The Athlete acknowledged that she had mentioned a list of supplements on the Doping Control Form, yet not this product.

She explained that this product was advertised as 100% natural and recommended by her sister. She asserted that it was used only for weight loss whereas the use of diuretics and low body weight gave her no advantage in swimming.

In view of the evidence the Rapporteur accepts that the Athlete's violation was not intentional. She also had demonstrated that a contaminated supplement was the source of the prohibited substances.

Further the Rapporteur considers that the Athlete was tested before without issues and that this product did not list prohibited substances as ingredient. Moreover the Brazilian Health Regulatory Agency (Anvisa) had opened an investigation into the company that had manufactured this product.

Therefore the TJD-AD Panel decides on 4 November 2022 to impose a warning on the Athlete for the reported anti-doping rule violation.

Original document

Parameters

Legal Source
National Decisions
Date
4 November 2022
Arbitrator
Bortolato, Alexandre Dias
Contini, Marcello Lima
Sabioni, Paulo Rogério Oliveira
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
Reprimand / warning
Sport/IFs
Swimming (FINA) - World Aquatics
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
Tribunal de Justiça Desportiva Antidopagem (TJD-AD) - Brazilian Sports Justice Anti-Doping Tribunal
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S5. Diuretics and Other Masking Agents
S6. Stimulants
Substances
Chlorothiazide
Furosemide
Hydrochlorothiazide
Sibutramine
Various
Contamination
Internet / Social media
Supplements
Document type
Pdf file
Date generated
17 April 2023
Date of last modification
20 April 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin