That's what TUEs are for, so that legitimate conditions can be treated. Now, not everything that can be used to treat conditions will be available under a TUE, because some substances are banned outright, but for the majority of the time, legitimate conditions can be treated with medication including banned substances subject to TUE.
The main issue in this case is abuse of the TUE system; the percentage of asthmatics in the Norwegian team has long been a topic of some discussion (the number of endurance athletes who suffer from asthma compared to the incidence of the condition in the general population is absurdly high when you consider that the condition should be a disadvantage in these competitions, hence the debate over the incidence of 'exercise-induced asthma' and the various medications for it), as has the method of administering the substances that are acceptable under the terms of TUEs.
As has also been the case with the board's focus on Team Sky and British Cycling, the attitudes of the Norwegian team and its fans has also led to a disproportionate amount of focus on them, almost as disproportionate as the amount of asthma sufferers in their XC squad compared to the general population of the country. In many cases it is more the sanctimoniousness and perceived hypocrisy of their attitudes (less so the individual athletes admittedly) that leads to this; shouting loudest about others' indiscretions while simultaneously being perceived as taking advantage of the TUE system raises the ire more than if they were just winning the races, no matter how easy they make the dominance look. Dominating the field so brutally while fingers are being pointed at easy scapegoats like the Finns and Russians doesn't help. And some of the excuses made in order to absolve them of blame on the occasions there are cracks in the veneer, they don't help either. I mean, the amount of leaps that have been taken in logic to try to absolve the Norwegian team in general, and Therese Johaug in particular, of blame for her situation have resulted in some arguments being presented that credit her with so little intelligence one wonders if she'd not rather just be called a cheat as it's less insulting.
Since Therese's problems with ulcers are documented, and the substance she took was a legitimate course of treatment for this, then unless other alternative treatments which are of equal effectiveness and without banned substances were similarly available, then a TUE should have been viable, in which case the whole sorry saga could have been avoided. Especially as it was out of season so an emergency treatment shouldn't have been necessary.
The Alain Baxter case is well documented, but I don't think you can use that as a counterbalance to strict liability in the Johaug case. The packaging clearly had a label stating it was doping, and with a crossed red circle in the universal format for "forbidden". Strict liability may have some flaws, sure, but if she was so stupid as to not recognize this sign on the packaging or even look for guidance on the medication, then was absolved of blame for not having known, then it really opens up the floodgates to all manner of "inadvertent" abuse of anti-doping legislation regardless of whether or not Johaug's actual intention was performance-enhancing, which is debatable in this instance given the comparatively weak effect of clostebol and her documented problems with the conditions the cream was apparently purchased for.
The main issue in this case is abuse of the TUE system; the percentage of asthmatics in the Norwegian team has long been a topic of some discussion (the number of endurance athletes who suffer from asthma compared to the incidence of the condition in the general population is absurdly high when you consider that the condition should be a disadvantage in these competitions, hence the debate over the incidence of 'exercise-induced asthma' and the various medications for it), as has the method of administering the substances that are acceptable under the terms of TUEs.
As has also been the case with the board's focus on Team Sky and British Cycling, the attitudes of the Norwegian team and its fans has also led to a disproportionate amount of focus on them, almost as disproportionate as the amount of asthma sufferers in their XC squad compared to the general population of the country. In many cases it is more the sanctimoniousness and perceived hypocrisy of their attitudes (less so the individual athletes admittedly) that leads to this; shouting loudest about others' indiscretions while simultaneously being perceived as taking advantage of the TUE system raises the ire more than if they were just winning the races, no matter how easy they make the dominance look. Dominating the field so brutally while fingers are being pointed at easy scapegoats like the Finns and Russians doesn't help. And some of the excuses made in order to absolve them of blame on the occasions there are cracks in the veneer, they don't help either. I mean, the amount of leaps that have been taken in logic to try to absolve the Norwegian team in general, and Therese Johaug in particular, of blame for her situation have resulted in some arguments being presented that credit her with so little intelligence one wonders if she'd not rather just be called a cheat as it's less insulting.
Since Therese's problems with ulcers are documented, and the substance she took was a legitimate course of treatment for this, then unless other alternative treatments which are of equal effectiveness and without banned substances were similarly available, then a TUE should have been viable, in which case the whole sorry saga could have been avoided. Especially as it was out of season so an emergency treatment shouldn't have been necessary.
The Alain Baxter case is well documented, but I don't think you can use that as a counterbalance to strict liability in the Johaug case. The packaging clearly had a label stating it was doping, and with a crossed red circle in the universal format for "forbidden". Strict liability may have some flaws, sure, but if she was so stupid as to not recognize this sign on the packaging or even look for guidance on the medication, then was absolved of blame for not having known, then it really opens up the floodgates to all manner of "inadvertent" abuse of anti-doping legislation regardless of whether or not Johaug's actual intention was performance-enhancing, which is debatable in this instance given the comparatively weak effect of clostebol and her documented problems with the conditions the cream was apparently purchased for.