Facts
The Canadian Centre for Ethics in Sport (CCES), Swimming Natation Canada (Swimming Canada) and Coaches of Canada (Coaches) have applied to set aside the 2007 decision of the adjudicator Graeme Mew, dated October 29, 2005, reinstating the Respondent Cecil Thomas George Russell (Russell) as a national level swimming coach on the basis of fraud.

History
In October 1997 Russell was banned for life from participating in sports funded or recognized by the Government of Canada, because he was found to have committed a doping related infraction by reason of his criminal conviction for possession and conspiracy to traffic in anabolic steroids in 1996.
On June 24, 2005 Russell applied for reinstatement for the second time and after a hearing was held in September of 2005, Arbitrator Mew ordered that Russell be reinstated as a swimming coach in Canada. After the arbitration hearing was held the CCES learned from reading newspaper articles in the Globe and Mail and the Toronto Star, that Russell had pleaded and been found guilty of conspiracy to possess with intent to distribute MDMA (ecstasy) in Arizona and was sentenced to a term of four years imprisonment in March of 2004. At his reinstatement hearing before Arbitrator Mew in September of 2005, that Russell did not disclose his conviction for conspiracy to traffic in ecstasy in Arizona in 2004, to Arbitrator Mew.
In this application and motion the Court must decide the following issues:
1. Did Russell’s failure to disclose the material fact of his criminal conviction for a drug-related offence in Arizona in 2004 or the making of false representations in his application for reinstatement, constitute fraud?
2. Does the Superior Court have jurisdiction to hear this application?
3. Should Commission Counsel and his firm be removed from the record?
4. Should the Court strike out the portions of the affidavits which set out the false evidence that is alleged to have been given by Russell at the arbitration hearing, where there was no transcript; and the portions which relate to newspaper articles describing Russell’s admission to assisting an associate to dispose of a murder victim’s body?

Decision
The CCES, Coaches and Swimming Canada application to set aside Arbitrator Mew’s decision on the basis of fraud pursuant to s. 46.(1).9 of the Arbitrations Act of Ontario is granted and the matter is referred back to Arbitrator Mew for reconsideration based on the additional evidence.

Ontario Superior Court of Justice 2020 ONSC 704 Kirill Sveshnikov, Dmitry Strakhov & Dmitry Sokolov vs WADA & Richard McClaren

Sokolov v. The World Anti-Doping Agency, 2020ONSC 704
COURT FILE NO.: CV-17-582393
DATE: 20200211

On 11 February 2020 the Ontario Superior Court of Justice decided to dismiss the lawsuit commenced by three Russian cyclists against WADA and Canadian Professor Richard H. McLaren.

The cyclists claimed damages they alleged to have suffered as a result of their exclusion from the 2016 Rio Olympic Games by the International Olympic Committee (IOC). Specifically, they claimed that they were excluded from the Games as a result of the findings made by Professor McLaren in the Independent Person Report, commissioned by WADA, which considered allegations of widespread doping and manipulation of doping controls within Russia.

In response to the filing of the claim, WADA and Professor McLaren successfully brought motions for summary judgement dismissing the cyclists’ claim. The summary judgment motions were heard before the Hon. Justice Faieta in Toronto on 16 May 2019 and a ruling was issued on 11 February 2020. In granting summary dismissal, the court ruled that the issues raised by the Russian cyclists were essentially sports-related matters that fell within the exclusive jurisdiction of, and had to be resolved by, the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. The court also held that the filing of the claim in Ontario was an abuse of process.

Specifically, the Hon. Justice Faieta held that this was a dispute that the plaintiffs placed before the CAS for adjudication. Having failed to obtain a declaration from the IOC that they be granted entry to Rio 2016, the plaintiffs should not be permitted to re-litigate the factual matrix of this dispute in this court by dressing up it up as a tort claim.

He added: “To allow this action to proceed would undermine the Olympic Movement and, in particular, the dispute resolution provisions found in the Olympic Charter by signaling to the international community that domestic courts are willing to entertain disputes that, at their core, are matters connected to the Olympic Games that should be determined exclusively by a specialized tribunal in accordance with the provisions of the Olympic Charter or other provisions approved by the IOC.”

WADA welcomes the decision to dismiss this claim. It is an important ruling that upholds CAS decisions, which are accepted and supported by the entire sports movement. This judgement rightly closes the door on attempts to re-litigate matters through the filing of domestic claims.

Legal costs and disbursements were also awarded in favor of WADA and Professor McLaren. The appeal period has expired and this matter is at an end.

https://www.wada-ama.org

Oral enclomiphene citrate raises testosterone and preserves sperm counts in obese hypogonadal men, unlike topical testosterone : restoration instead of replacement / Edward D. Kim, Andrew McCullough, Jed Kaminetsky

• BJUI 117 (2017) 4 (April), 677-685
• PMID: 26496621
• DOI: 10.1111/bju.13337

Abstract

Objectives: To determine the effects of daily oral doses of enclomiphene citrate compared with topical testosterone gel treatment on serum total testosterone (TT), luteinising hormone (LH), follicle-stimulating hormone (FSH), and sperm counts in men with secondary hypogonadism.

Patients and methods: Two parallel randomised, double-blind, double-dummy, placebo-controlled, multicentre, phase III studies were undertaken to evaluate two doses of enclomiphene citrate vs testosterone gel (AndroGel(®) 1.62%) on TT, LH, FSH, and sperm counts in overweight men aged 18-60 years with secondary hypogonadism. Men were screened and enrolled in the trials (ZA-304 and ZA-305). All enrolled men had early morning serum TT levels in the low or low normal range (≤300 ng/dL; ≤10.4 nmol/L) and had low or normal LH (<9.4 IU/L) levels measured on two separate occasions 2-10 days apart. Serum samples were obtained over the course of the study to determine relevant hormone levels at baseline and after 16 weeks of treatment. Men provided semen samples twice to enroll at the beginning and twice at the end of the study.

Results: TT levels increased between baseline and after 16 weeks of treatment in all the treatment groups. FSH and LH levels increased in the enclomiphene citrate groups and decreased in the testosterone gel group at 16 weeks. Enclomiphene citrate maintained sperm concentration in the normal range over the treatment period, while there was a marked reduction in spermatogenesis in the testosterone gel group.

Conclusions: Enclomiphene citrate consistently increased serum TT, LH and FSH, restoring normal levels of serum TT. Enclomiphene citrate treatment maintained sperm concentrations in the normal range. The effects on TT were also seen with testosterone replacement via testosterone gel but sperm counts were not maintained.

Organised Crime and Drugs in Sport : New Generation Performance and Image Enhancing Drugs and Organised Criminal Involvement in their use in Professional Sport / Australian Crime Commission (ACC). - Canberra City : ACC, 2013

Contents:

- LIMITATIONS ON DISCLOSURE OF FINDINGS
- KEY FINDINGS
- PERFORMANCE AND IMAGE ENHANCING SUBSTANCES
- PEPTIDE AND HORMONE CONSUMERS
- SOURCES OF PEPTIDES AND HORMONES
- ORGANISED CRIME, DRUGS AND SPORT
- VULNERABILITIES TO INTEGRITY MECHANISMS

In 2011, the Australian Crime Commission (ACC) highlighted threats to the integrity of professional sport and concluded that there was potential for organised crime to infiltrate sport in Australia, as has occurred overseas.

Data from the ACC’s 2010–11 Illicit Drug Data Report indicated that the market for Performance and Image Enhancing Drugs (PIEDs) has expanded, with record numbers of seizures, detections and arrests and increasing reports by users that they were injecting them. The ACC also received information from the Australian Sports Anti-Doping Authority (ASADA), as part of the ACC’s routine monitoring of all illicit drug markets, which suggested a potential threat to a number of sports from the use of new generation PIEDs.

In early 2012, the ACC, with the assistance of ASADA, began a project to consider the extent of use of PIEDs by professional athletes, the size of this market and the extent of organised criminal involvement. This project focused particularly on a new form of PIEDs,
known collectively as peptides and hormones. These substances may provide effects similar to anabolic steroids and are considered by users to be next generation PIEDs. Some of these substances are perceived by athletes to be undetectable, making them attractive to those seeking to gain an unfair advantage.

This report provides a summary of findings from this project. In particular, the ACC has now identified use of these substances, which are prohibited by the World Anti-Doping Agency (WADA), by professional athletes in a number of sports in Australia. Widespread use has been identified or is suspected in a number of professional sporting codes.

In detailing the nature and extent of this threat to the professional sporting industry and the Australian Community, this report provides an important opportunity for Government, regulatory bodies and the sporting industry to address these issues head on.

Outline of a typology of men’s use of anabolic androgenic steroids in fitness and strength training environments / Ask Vest Christiansen, Anders Schmidt Vinther, Dimitris Liokaftos. - (Drugs: Education, Prevention and Policy 24 (2017) 3; p. 295-305)

• DOI: 10.1080/09687637.2016.1231173

Abstract

Recent research into the use of anabolic androgenic steroids (AAS) in fitness and strength training environments have revealed great variance in users’ approach to AAS use and more specifically their approach to health risks and desired objectives. However, there have only been few attempts to develop theoretical frameworks directed at conceptualising the variance in AAS use. In this paper, we propose a unified framework in the form of a typology, which concerns men’s general approach to AAS use. The typology is based on sociologist Max Weber’s method on the ideal typology. The work comes out of the authors’ own qualitative empirical research on male AAS users in fitness and strength training environments, but is also related to and draws on the international literature on the subject. The suggested typology consists of four ideal types: the Expert type, the Well-being type, the YOLO type and the Athlete type. The four types are developed around two overarching categories, namely users’ approach to risk and effectiveness. The typology outlines distinct and characteristic approaches to AAS use and can, thus, be employed by researchers as well as health professionals as a heuristic tool for investigation and explanation.

Chester N, Reilly T, Mottram DR.
J Sports Med Phys Fitness. 2003 Mar;43(1):111-8.
School of Sport and Exercise Sciences, Liverpool John Moores University, Liverpool, UK.

AIM:
Many over-the-counter (OTC) drugs used in the symptomatic relief of upper respiratory tract (URT) conditions are banned by sports governing bodies. It would appear therefore that athletes are being penalised for practising conventional pharmacological methods in the management of common ailments. The aim was to identify any differences between athletes and non-athletes and amongst athletic groups, with respect to the prevalence of URT
conditions and the use of OTC drugs to treat such conditions.

METHODS:
Questionnaires were distributed at domestic and international athletics meetings and at university lectures and tutorials. Respondents (n=401) represented both track and field athletes (n=199) and non-athletes (n=202).

RESULTS:
No differences were found between athletes and non-athletes and between elite and non-elite athletes in terms of the frequency of episodes of URT conditions reported in the previous year. A higher proportion of elite, as opposed to non-elite athletes did not take OTC medicines (p=0.028) and of those that did take OTC medicines a higher proportion of elite athletes (68%) as opposed to non-elite (32%) took those not containing sympathomimetics, banned by the International Olympic Committee (IOC). Athletes were found to have greater knowledge of IOC banned OTC drugs (p=0.002) and within this group, elite athletes were most knowledgeable (p=0.0003). Although most respondents (81%) believed that OTC drugs should not be prohibited in sport, athletes made up the greatest proportion in support of prohibition (23.5% as opposed to 14.4% of non-athletes) with elite as opposed to non-elite most in favour (p=0.0181).

CONCLUSION:
These results suggest that URT conditions are no more prevalent between athletes and nonathletes or between endurance and power athletes. Athletes competing at the highest level tended to avoid OTC medicines or those containing IOC banned drugs and were most knowledgeable in terms of banned OTC drugs and most in favour of their prohibition suggesting that the control mechanisms in place are only reaching elite athletes.

PMID:
12629472
[PubMed - indexed for MEDLINE]

Complete Overview of Prohibited Substances and Prohibited Methods from the IOC Lists (1968-2003) & WADA Prohibited Lists (2004- ) / ed. M.C. Tuk, Olivier de Hon. - Doping Authority Netherlands (Dopingautoriteit); Anti-Doping Knowledge Center (ADKC), 2019

Complete Overview of Prohibited Substances and Prohibited Methods from the IOC Lists (1968-2003) & WADA Prohibited Lists (2004- ) / ed. M.C. Tuk, Olivier de Hon. - Doping Authority Netherlands (Dopingautoriteit); Anti-Doping Knowledge Center (ADKC), 2021

Complete Overview of Prohibited Substances and Prohibited Methods from the IOC Lists (1968-2003) & WADA Prohibited Lists (2004- ) : Explanation and Search Instructions / M.C. Tuk. - Anti-Doping Knowledge Center (ADKC), 2019

Overview of regulation of dietary supplements in the USA and issues of adulteration with phenethylamines (PEAs) / Rahul S. Pawar, Erich Grundel

• Drug Testing and Analysis 9 (2017) 3 (March), p. 500-517
• Special Issue: Addressing the challenges in forensic drug chemistry
• PMID: 27259162
• DOI: 10.1002/dta.1980

Abstract

The multi-billion dollar dietary supplement industry is global in reach. The industry has been criticized for problems related to poor quality control, safety, misbranding, and adulteration. In this review, we describe how the US Food and Drug Administration (FDA) regulates dietary supplements within the framework of the Federal Food, Drug, and Cosmetic Act (FD&C Act). The Dietary Supplement Health and Education Act of 1994 (DSHEA), which amended the FD&C Act, gave the FDA the authority to promulgate Good Manufacturing Practices for dietary supplements and required that manufacturers provide the FDA information supporting a conclusion that the ingredients are reasonably expected to be safe if the dietary ingredients were not marketed in the USA before 15 October 1994. Recent amendments to the FD&C Act require that serious dietary-supplement-related adverse events be reported to the FDA and provide the agency with mandatory recall authority. We discuss the presence of naturally occurring (e.g. Ephedra, Citrus aurantium, Acacia) and synthetic (e.g. β-methylphenethylamines, methylsynephrine, α-ethyl-phenethylamine) biologically active phenethylamines (PEAs) in dietary supplements and of PEA drugs (e.g. clenbuterol, fenfluramine, sibutramine, lorcaserin) in weight-loss products. Regulatory actions against manufacturers of products labelled as dietary supplements that contain the aliphatic amines 1,3-dimethylamine and 1,3-dimethylbutylamine, and PEAs such as β-methylphenethylamine, aegeline, and Dendrobium illustrate the FDA's use of its authority under the FD&C Act to promote dietary supplement safety.