NE ADR 2024 No. 24062102 USADA vs Kamryn Lute

In April 2023 the ice skater Kamryn Lute (19) underwent medical treatment for her diagnosed condition. One of the prescribed supplements she used was HG Healthgevity.

The Athlete was added to the Registered Testing Pool since October 2021 and she was subjected to multiple sample collections between April 2023 and February 2024. On the Doping Control Form she mentioned the use of her supplement as HG Healthgevity BPC+PEA 500, 1 Capsule, once daily.

In March 2024 the United States Anti-Doping Agency (USADA) requested additional information regarding the Athlete's use of the HG Healthgevity supplement. The Athlete submitted to USADA her medical records and two bottles of the supplement.

In April 2024 the Salt Lake City Laboratory analysed the supplement and established that it contained the prohibited substances BPC-157 and Dehydroepiandrosterone (DHEA). BPC-157 was listed on the product label whereas DHEA was not listed as ingredient.

Consequently in April 2024 USADA reported an anti-doping rule violation against the Athlete for her use of the two prohibited substances. 

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the New Era Arbitration Tribunal.

The Athlete had admitted the violation for her use of BPC-157 and DHEA. She denied that the violation was intentional and argued that she acted with No Significant Fault or Negligence.

USADA deemed that:

  • The Athlete's violation was not intentional.
  • The HG Healthgevity capsules were contaminated with DHEA.
  • The Athlete mentioned the use of her supplement on the Doping Control Form.
  • She suffered from several health issues.
  • She acted negligently with her supplements.

The Arbitrator assessed and addressed the evidence and the Parties arguments and determines that:

  • The Athlete committed an anti-doping rule violation because of her use of the HG Healthgevity supplement containing BPC- 157 and DHEA.
  • The violation was not intentional and the DHEA would not effect the length of the sanction.
  • Although tested repeatedly the Athlete never tested positive for BPC-157 and DHEA.
  • The Athlete never received a Declaration Courtesy Letter from USADA regarding her use of BPC+PEA 500 mentioned on the Doping Control Form.
  • The Athlete acted with Significant Fault or Negligence regarding the prescribed supplements.
  • There are particular circumstances present in this case for the imposition of a reduced sanction.
  • Fairness requires that the Athlete's results shall not be disqualified.

Therefore the Arbitration Tribunal decides on 20 August 2024 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 April 2024.

Original document

Parameters

Legal Source
National Decisions
Date
20 August 2024
Arbitrator
Johansen, Gary L.
Original Source
United States Anti-Doping Agency (USADA)
Country
United States of America
Language
English
ADRV
Use / attempted use
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Exceptional circumstances
Negligence
No intention to enhance performance
Period of ineligibility
Principle of fairness
Prompt / Timely Admission
Sole Arbitrator
Sport/IFs
Skating (ISU) - International Skating Union
Other organisations
United States Anti-Doping Agency (USADA)
Laboratories
Salt Lake City, USA: The Sports Medicine Research and Testing Laboratory (SMRTL)
Doping classes
S0. Non-Approved Substances
S1. Anabolic Agents
Substances
BPC-157
Prasterone (dehydroepiandrosterone, DHEA, 3β-hydroxyandrost-5-en-17-one)
Medical terms
Legitimate Medical Treatment
Various
Contamination
Disqualified competition results
Supplements
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Pdf file
Date generated
5 September 2024
Date of last modification
16 September 2024
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