Brothers positive after apparently taking contaminated supplements but WADA rules must apply

rui costaThe Portuguese anti-doping agency (CNAD) has rejected the proposition of the Portuguese Cycling Federation (FPC) to reduce the bans of Rui and Mario Costa to four months and fifteen days, according to the Journal Ciclismo. The brothers both tested positive for Methylhexanamine after the Portuguese time trial championship; the race was won by younger brother Rui, who rides for Caisse d’Epargne, with Mario, of Barbot Siper, taking the bronze medal.

The brothers claimed that the substance got into their systems through contaminated supplements, which has been accepted by the FPC. Having confirmed the positive via the B-sample, the supplement was sent for analysis at an International Cycling Union (UCI) accredited laboratory where the contamination was apparently found.

Since it accepts that neither Costa intended to dope, and also that Methylhexanamine will no longer be on the World Anti-Doping Agency (WADA) list of prohibited substances in 2011, FPC wants to apply the reduced ban to both riders. As Rui has not raced since the Tour, and Mario since the time trial championships, this would presumably mean that both would now be clear to race.

While it neither agrees, nor disagrees, with the FPC reasoning though, the CNAD refuses to accept the short ban because of WADA regulations.

“The CNAD does not agree with the proposed decision,” reads a statement from the anti-doping agency, “since Article 10.5.2 of the WADA Code sets that mitigation can not be more than half the sentence for the offence in question, which in this case is 2-8 years.”

With the WADA rules applied, both riders will receive a suspension of at least one year, even though it has been accepted that neither intended to dope. Rui was a member of anti-doping movement Bike Pure and, although his name was initially removed from its lists, the organisation has replaced it until his case is fully resolved.