How far should the World Anti-Doping Agency (WADA) prohibited list “catchall” phrases reach in the context of the control of the use of supplements and culturally/ethnically relevant "complementary and alternative medicines" (CAM)?  This article examines the potential inconsistency of the prohibited list, as a universally binding document, and the implications for athletes.

The International Tennis Federation’s Anti-Doping Programme (the “ITF Programme”) has been under fire recently by some of the sports highest profile players, who have urged it to be more aggressive in the fight against doping. 

2012 was a year of epic sporting battles, Mourinho's Madrid found a way to defeat the brilliance of Guardiola's Barcelona, the European Ryder Cup team overcame the odds during the 'Miracle at Medinah', and Bradley Wiggins conquered the French mountains to become Britain's first yellow jersey winner. However, while 2012 will be remembered for the accomplishments of the athletes on the field, it is possible that the most important contest of 2013 will take place in the court room of Spanish judge Julia Patricia Santamaría.

The anti-doping community has taken note of these criticisms (see part 1) and in 2000 WADA approved its operating guidelines for the Athlete Biological Passport (ABP) marking a return to indirect testing methods and a change of analytical focus from urine to blood.

Twenty-twelve was the year sport dominated the news. Fans were spoilt for choice in a record-breaking year including the Tour De France, Euro 2012, The Ryder Cup and the London Olympics. However, 2012 also saw the fall from grace of a sporting hero, a man who transcended sport and whose achievements were revered by sporting fans and the general public alike: American cyclist Lance Armstrong.

On the 26th September 2012 United Kingdom Anti-Doping (UKAD) imposed a 4 year period of ineligibility on the rugby league player, Terry Bridge¹, effectively concluding a significant multi-agency investigation into the activities of a gang set up to supply steroids in the Lancashire heartland of Rugby League. That investigation, involving UKAD, Merseyside Police and the Serious Organised Crime Agency, led to convictions and sentences of imprisonment for the five men involved, and the first two bans imposed by UKAD on athletes for trafficking violations.

The cycling world has been turned on its head with the recent developments surrounding Lance Armstrong and the allegations that he cheated his way to his sporting and financial success. During his reign as Tour de France champion, Armstrong was a sporting superstar, with some of the top brands in sport clamouring to be associated with him. However, with the recent publication of a report labelling him a 'serial cheat' and alleging that he systematically used performance enhancing drugs, the question of whether he deceived sponsors and employers for financial gain has come to the fore.

The British Olympic Association (BOA) has lost its appeal against WADA's ruling on lifetime Olympic bans for athletes found guilty of doping offences. The ruling opens the door for athletes serving BOA bye-law bans to compete at the London Olympics, subject to meeting relevant qualification criteria.

The Court of Arbitration for Sport (CAS) last month reduced the ban imposed on American tennis player Robert Kendrick from one year to eight months following an appeal by the player.

Kendrick tested positive for the banned stimulant methylhexaneamine following the French Open in May. His case on appeal was that the substance was contained within medication he consumed to combat jetlag.

As the 2011 Tour de France started at the beginning of July, public and press attention began to focus not only on the outcome of the race but also on the possibility that another cyclist may be found to have an adverse analytical finding on doping testing. Furthermore, an impending appeal to be heard by the Court of Arbitration for Sport (CAS) is attracting a wide audience as it involves Alberto Contador, the current holder of the Tour de France title and a three-time winner of the same race.

By Andrew Nixon. A decision which is likely to have an impact on a number of athletes waiting to hear if they can compete in London 2012 is currently under review by the Court of Arbitration for Sport (CAS).

The decision relates to Rule 45 of the Olympic Charter, which bars athletes who have received a doping sanction of greater than six months from competing at the following Olympic Games.

Doping is a huge problem facing sport. Banned substances and means of delivery are becoming more sophisticated and with the ever increasing infiltration of organised crime in sport, anti-doping agencies and law enforcement agencies are having to work together to sustain the momentum in the fight against cheats in sport.

Recently, Lawinsport.com met with Graham Arthur, Director of Legal at UK Anti-Doping at the Tackling Doping in Sport 2011 Conference to find out his views on a range of topics, from Out-of-Competition testing to the challenges that come with hosting the Olympic and Paralympic Games. UK Anti-Doping was established in 2009 andis the national body responsible for the implementation and management of the UK’s anti-doping policy.

We reported with some amusement on the leniency shown to the French tennis player, Richard Gasquet, by an ITF tribunal regarding his positive test for cocaine at the Miami Masters.

Putting forward the extraordinary, but truthful, defence that his ingestion of the drug had been a consequence of kissing a girl called Pamela in a nightclub who had used the Class A drug that evening, Gasquet was handed a substantially reduced ban of only 2 months, having established to the tribunal’s satisfaction that he was not significantly at fault or negligent. Little did we suspect that Gasquet’s case would soon have a rival for oddit

APPLICATION for the annulment of the Commission’s decision of 1 August 2002 rejecting the complaint lodged by the applicants against the International Olympic Committee (IOC) seeking a declaration that certain rules adopted by the latter and implemented by the Fédération internationale de natation (FINA) and certain practices relating to doping control are incompatible with the Community rules on competition and freedom to provide services (Case COMP/38158 – Meca-Medina and Majcen/IOC).

For full case reference, here.

By Gary Rice, Beauchamps Solicitors

In Canada, the Canadian Centre for Ethics in Sport (“CCES”) has announced (on April Fools’ Day no less) that Genevieve Jeanson, a now retired cyclist, has been found to have committed an anti-doping rule violation by repeatedly using Erythropoietin (“EPO”) throughout her cycling career.