I thought I was prepared for any kind of criticism for my post, but taking me to task for calling him Bert has definitely caught me off balance! Needless to say, that is one of the nicer names he is called in the Clinic. Personally, I find it kind of cute, but if, ahem, Sr. Contador ever publicly indicates he hates that name, I might consider an alternative. But if Flor, surely the most passionate fan of his in this forum, is OK with it, I think it can’t be that bad.
Thanks for the feedback. Some replies:
. Contaminated suplements is simply a hypothesis put forward for how the CB could have reached his bloodsteam and the relative likelihood of this being the case compared to contaminated meat or blood doping. There are other ways it potentially could have got in there, all with their own specific probabilities. Probability, however, has nothing to do with the ruling. All that matters is that an athelete tested positive for a banned substance. Due to WADA's insistence on strict liability, a positive test is a doping offence unless the athelete can prove that they did not knowingly take the banned substance. The fact that we are still talking about the probability of different scenarios only confirms that in this case the athelete has been unable to prove that the substance was not consciously taken. CAS's ruling simply means that the court (rightly) concluded that the previous judgment by the national federation was in error because proof was not, and is still yet to be, provided
Sorry to spike your point so quickly - but Contador was sanctioned because the theory he presented of meat contamination was rejected.
Yes and no. He was sanctioned, ultimately, because he could not prove meat contamination. But even more fundamentally, because he could not prove, by balance of probabilities, that CB entered his system by a method that would not result in a sanction. The panel established that there are three possible causes of the positive in play, and now two of them have been shown, or so I argue, to be not sanctionable. If the sanction is to be upheld, it must be on the basis of transfusion, but by the panel’s own logic this is less than 1/3 likely to be the case (because it was considered equally unlikely as meat contamination, and less likely than supplement contamination). So the panel has in effect ruled that by balance of probabilities, CB did enter Bert’s system by a means that is not sanctionable.
If you want to get technical, you could argue that only meat contamination matters, because that was how the case was presented to CAS. So even if supplement contamination has been shown to occur by no fault, CAS could still justify its sanction by a strict interpretation of the rules. But given how recently sensitivity for CB detection has increased, I think the argument I have made is a reasonable one. While the letter of the law might say "must show meat contamination by balance of probabilities", the spirit of the law says "must show entered his body through no fault of his by balance of probabilities."
I have read that Contador's own team provided evidence that supplements were not the source, so I do not think this is likely to occur. The supplements he used were provided for by the team, were the same supplements used over a three year period by his teammates and himself, none of whom have ever tested positive for CB, and is produced by a company that has nothing to do with CB.
Yes, but this is on the basis of the relatively insensitive testing standards. Consider four pieces of evidence put forth by Bert’s team:
1) No other Astana rider, using the same supplements, tested positive
2) None of the supplements used have been associated with a positive by any other athlete
3) The manufacturers have independently tested their products and found them to be negative
4) CB contamination of supplements is extremely rare. Hardy may be the only case, and AdvoCare disputed her claims. Also, none of the supplements tested in the link I provided was positive for CB.
BUT a) and b) can be accounted for by the fact that very few athletes have been tested at Cologne-level sensitivity, and c) and d) by the fact that the industry standard of 100 ng/g would not reveal levels of CB sufficient to account for Bert’s positive. This is what I mean when I say the levels are indetectable. By pre-Cologne standards for athletes and by industry standards for substances the supplements are clean. It would be natural for Bert's team to argue against supplement contamination, because on the basis of accepted standards,their argument is correct.
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surely the onus is on the athlete to avoid supplements from companies who cannot guarantee that their supplements are kosher.
The point of my argument is that NO company can guarantee their products are kosher by the Cologne or other highly sensitive standard. So WADA/UCI should either ban all supplement use--no, not "discourage", but outright ban, in the same sense, e.g., that transfusions, even of just saline, are banned--or not sanction levels below the detection limit. Not doing one or the other is hypocritical, not to mention unfair.
Could someone explain to me how supplements get contaminated? Is that done intentionally by the producer of the supplement or does it just happen?
Sometimes intentionally by the company to increase the benefits. Sometimes accidentally because the contaminant is involved in some other process in the same area where the substance is being synthesized. Both of these possibilities seem to be ruled out by the known companies that Bert listed. If he took an unlisted supplement, of course, all bets are off. But even if he took one on the list, another possibility I have been concerned about is water contamination. I posted a link a while back to a study showing that several rivers in Europe have detectable levels of CB and some other drugs. This is another reason why cattle doping is banned or controlled, because the drugs can run off the feedlots and contaminate the water supply. They would probably be removed from drinking water, but not necessarily from water used for industrial purposes.
There are many instances of athletes taking supplements that proved to be contaminated with PEDs. Said athletes generally receive/d "time outs". My understanding is that supplements are prone to contamination and CAS is of the view that inadvertant doping via supplements certainly does not constitute "without fault".
Again, this misunderstands my argument. The athlete is at fault in conventional supplement contamination cases because he was not diligent about the possibility of DETECTABLE levels of contaminants. I am arguing there can be no fault if the level is NOT DETECTABLE. Again, this is analogous to meat contamination. If Bert’s positive had been shown capable of being caused by meat that passed the Euro standard, he would have got off. Why? Because that level of contamination is not detectable. You can’t hold an athlete at fault for something no one can detect.
I will add, to be clear, that it's certainly possible to test supplements at much lower levels of detection. For example, I saw one study where pg/g levels were reported. This would be another alternative to protecting athletes. But currently the standard is much higher, and this case has to be judged on that basis. (Again,think of the meat analogy. Levels of CB in meat below the Euro standard could be detected, but currently are not).
Quick question: since the 50 pg/ml was urine, not blood, how much CB total was in his body? ( I assume w/ blood you multiply by 5 liters or so and that's your lower bound).
As mentioned in the OP, a rough estimate based on urine tests would be 500 ng. I think 1 ug would be a reasonable upper bound that both parties could accept. The industry standard of 100 ng/g is based on an athlete consuming as much as 50 g of supplement per day, or 5 ug of contaminant. So clearly by all but the most extreme pharmacokinetic estimates, Bert had considerably less CB in his body than the standard for clean supplements.