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Romero claiming contaminated substance in defending failed test

February 9, 2016 by Jason Cruz 5 Comments

MMA Junkie reports that UFC middleweight Yoel Romero has admitted to failing a USADA monitored drug test under the company’s anti-doping policy, but disputes the test results citing he took a contaminated supplement.

Romero’s defense is based on mitigating the alleged wrongdoing by stating that the supplement he took was contaminated.  Under section 10.5 of the UFC-USADA anti-doping policy regarding “Reduction of the Period of Ineligibility based on Degree of Fault,” it can be established that the prohibited substance “came from a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility…”

Obviously, this defense suggests that Romero’s penalty is just a reprimand rather than anything more.  The standard suspension for a non-Specified Substance or Prohibited Method is two years.  The rebuttal to that argument is that the policy (section 2.1.1) states that athletes are responsible for what they put into their bodies.  It is not necessary that intent, fault, negligence or knowing use is established to show a violation.  Thus, even though Romero did not know that the substance was contaminated, it does not mean that he is exempt from violating the UFC anti-doping policy.

Payout Perspective:

The appeal will be one to watch since this is the first instance where a UFC fighter has claimed a specific defense to a failed drug test.  Romero is, in essence, pleading ignorance in this case and arguing that since he did not know that the substance he took was contaminated, then he should not be penalized.   Yet, it appears that the anti-doping policy is crafted in way that lack of knowledge is still not a viable defense.  MMA Payout will keep you posted.

Filed Under: Drug Testing, UFC, USADA

Reader Interactions

Comments

  1. jf says

    February 9, 2016 at 5:36 pm

    USADA tested the supplements and concluded that they were indeed tainted. As a canadian I can tell you that 90% of supplements sold in the US are illegal here because they do not label every substances found in them, or because they contains substances that are known to be dangerous for human consumption.

    There was a great documentary on steroids like 7 years ago, can’t remember it’s title…

    Reply
  2. d says

    February 9, 2016 at 9:00 pm

    This guy should never be able to fight again. It doesn’t take a drug test to realize he is blatantly cheating.

    It would be a shame if he got off on a technicality.

    Reply
  3. Gil says

    February 9, 2016 at 11:23 pm

    http://mmatorch.com/2016/02/03/ufc-on-fox-18-final-ratings-down-slightly-from-previous-three-fox-events-with-average-of-2685000-viewers/

    So it turns out the ratings for UFC on Fox 18 were not up from 17. I await the sad comeback on the other article, LOL.

    Reply
  4. d says

    February 10, 2016 at 7:33 am

    The overnights were higher though, which is why I stated it and you are stilling missing the point that you were comparing guys like Jones/GSP/Faber title fights to Bader-Johnson which proves you aren’t very bright and have no concept of how the headliner makes all the difference in the ratings.

    Anyone who reviews the ratings the UFC is putting up these days-especially their cable shows would realize the numbers are doing very well. Anyone disputing that, obviously has someone pathetic agenda.

    Reply
  5. d says

    February 10, 2016 at 8:05 am

    “Not bad considering the level of stars being featured. Good perspective from Jason.
    Also, the last half of the main event went over the 2 hour time slot. Was that taken into account?”

    -Gil the man of genius with many contradictions on PBC’s last FOX numbers.

    Tell me Gil, why does the level of stars being featured matter? According to you, the UFC headliners are irrelevant.

    Reply

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