FIM 2019 FIM vs Jeroni Fajardo - Settlement

In January 2019 the International Motorcycling Federation (FIM) has reported an anti-doping rule violation against the Spanish rider Jeroni Fajardo after his sample tested positive for the prohibited substance Heptaminol. After notification a provisional suspension was ordered but not accepted by the Athlete.

The Athlete denied the intentional use of the substance and asserted that he was tested before without issues. He believed that the supplement Nox Pump was the source of the positive test prescribed to him by his personal trainer. The package leaflet of this supplement did not mention any prohibited substance.

After consultation with experts the Athlete demonstrated with evidence that his supplement also contains the Kigelia Africana extract. This plant contains the natural version of Octodrine, and the subsequent metabolic process in the body from Octodrine by hydroxylation resulted into Heptaminol. This option was also mentioned by the Kreischa Lab in the Laboratory Documentation Package (LPD). Analysis of his supplement in a laboratory revealed the presence of Octodrine in the Nox Pump product.

FIM accepts that the Athlete’s violation was not intentional and the result of the use of the Nox Pump supplement. FIM finds that the Athlete bears some fault since he failed to mention his supplement in question on the Doping Control Form and he could have consulted recommended websites in order to reduce the risk of taking supplements that could cause a positive test result. FIM further considers that there were substantial delays in this case not attributed to the Athlete.

The parties in this case reached a settlement agreement and accordingly on 19 September 2019 a 1 year period of ineligibility was imposed on the Athlete starting on the date of the sample collection, i.e. on 16 September 2018.

Original document

Parameters

Legal Source
Decisions International Federations
Settlement
Date
19 September 2019
Country
Spain
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Settlement
Substantial delay / lapsed time limit
Sport/IFs
Motorcycling (FIM) - International Motorcycling Federation
Laboratories
Kreischa, Germany: Institute of Doping Analysis and Sports Biochemistry (IDAS)-Dresden
Analytical aspects
B sample analysis
Metabolization
Doping classes
S6. Stimulants
Substances
Octodrine (1,5-dimethylhexylamine)
Various
Supplements
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Pdf file
Date generated
15 June 2020
Date of last modification
5 August 2020
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