In the unfortunate situation that a person has an adverse analytical anti-doping finding, and believe a supplement to be at fault, the person can use Article 10 of the WADA Code to establish some mitigation against any potential sanction.
Reduction of the Period of Ineligibility based on No Significant -Fault or Negligence
“As relates to subsequent sanctions (Art. 10 of the Code), the athlete has the possibility to avoid or reduce sanctions if he or she can establish to the satisfaction of the tribunal how the substance entered his or her system, demonstrate that he or she was not at fault or significant fault or in certain circumstances did not intend to enhance his or her sport performance”
Article 10 WADA Code (World Anti-Doping Code. (2021). World Anti-Doping Agency. www.wada-ama.org/code)
This means that the burden of proof is on the athlete.
There are 3 main ways a person can help demonstrate a non-fault argument as part of their due diligence towards reducing risks before they consumed the supplement.
- Choosing only a product that has been through a Certified Quality Assurance Program.
- Checking the product has a batch number that is referenced on the Quality Assurance Program webpage or App that is still part of this process prior to consuming the product.
- Recording the batch number of the product with a screen shot using their phone.