On September 26, 2024, the World Anti-Doping Agency (WADA) announced that it has filed an appeal with the Court of Arbitration for Sport (CAS) regarding Jannik Sinner, the talented Italian tennis player. In March 2024, Sinner tested positive for clostebol, a banned substance, but the International Tennis Integrity Agency (ITIA) determined that he bore no fault or negligence. 

WADA disagreed with the ITIA’s conclusion, arguing that the no fault or negligence finding wasn’t aligned with the applicable anti-doping rules. They are seeking a suspension of between one and two years for Sinner. 

Interestingly, WADA clarified that they are not looking to disqualify any of Sinner’s results, except for his semifinal run at the BNP Paribas Open in Indian Wells, which ITIA had already disqualified. 

 What’s the Story? 

First, let’s clarify what clostebol is. It’s an anabolic steroid often found in ointments and sprays used to treat minor injuries, and in some countries, like Italy, it can be bought over the counter in pharmacies. 

In professional sports, clostebol is seen as a performance enhancer. Sinner isn’t the only athlete to encounter issues related to this substance; for example, baseball player Fernando Tatis Jr. received an 80-game ban from Major League Baseball in 2022 for a similar offense. 

During the Indian Wells tournament, Sinner provided a urine sample that showed traces of clostebol, and another sample taken eight days later also came back positive. 

Sinner’s legal team explained that his fitness trainer had purchased an over-the-counter spray to treat a minor cut on his finger. This spray was then given to Giacomo Naldi, Sinner’s physiotherapist, who, during daily massages, inadvertently transferred the substance through Sinner’s skin, especially since Sinner has several skin lesions due to a condition called psoriasiform dermatitis. 

The timeline suggests that Naldi provided full-body massages without gloves and treated areas affected by the skin condition without taking precautions, which may have contributed to the contamination. 

Sinner was officially notified of the positive test and faced a provisional suspension, prompting his team to quickly request its lifting. On May 30, the ITIA charged Sinner with anti-doping rule violations.

Comparing Cases 

Sinner’s case gained attention, especially alongside another doping situation involving Romanian tennis player Simona Halep, who received a four-year ban (later reduced to nine months) for testing positive for Roxadustat during the 2022 US Open. Halep raised concerns about the consistency of how doping cases are judged. 

Sinner’s case was resolved relatively quickly, allowing him to compete and maintain his ranking. Many believe that the swift actions of his legal team played a key role in lifting his provisional suspension. 

In another instance, British player Tara Moore faced suspension after testing positive for Boldenone and Nandrolone, claiming these substances entered her system through contaminated meat. While her defense was accepted, she still experienced a provisional suspension due to the complexities of her case, which involved two substances. 

What Does ITIA’s Decision Entail? 

Since clostebol is always prohibited, Sinner faced an immediate provisional suspension. However, following an urgent application from his team, an Independent Chair determined that there was enough evidence to lift the suspension, allowing him to continue competing in ATP Tour events and the upcoming Paris 2024 Olympics. 

When ITIA charged Sinner for the presence of a prohibited substance, he acknowledged the violation but maintained that he bore no fault or negligence. He reiterated that the clostebol came from a spray used by his physiotherapist during treatments. 

Three independent scientific experts supported the view that the trace amounts found in Sinner’s sample were unlikely to enhance performance. Notably, two experts were unaware they were consulting on Sinner’s case. 

In evaluating Sinner’s situation, the tribunal recognized his proactive approach in asking his physiotherapist about the treatments being used and concluded that he took reasonable steps to avoid contact with banned substances. 

What Lies Ahead? 

Following ITIA’s ruling on August 20, 2024, Sinner lost some prize money and ranking points from Indian Wells, but fortunately avoided further sanctions. The next steps are uncertain, as WADA has appealed to CAS, seeking a ban for Sinner, with a decision expected in the coming months. 

To learn more about anti-doping rules in the Republic of Serbia, check out this article. 

Note: This text does not constitute legal advice but rather represents the author’s personal opinion.