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Drug Free Sport New Zealand v Anon


Anti-doping – online purchase and use of Ibutamoren (sold as MK-677) for gym activity – Medsafe confiscated product – requested replacement product which used for few days before received advice from Medsafe first product intercepted at border – disposed of product but had in meantime registered for football and became bound by SADR – Medsafe referred to DFSNZ for investigation – provisionally suspended – admitted violations – at time of purchase had not contemplated playing football – unaware product prohibited or that he was subject to anti-doping rules when he registered for football – Tribunal directed parties to discuss agreed position on sanction – joint memorandum filed proposing 13 months sanction – Tribunal requested further information as to how parties reached proposed sanction – joint memorandum filed and hearing held – Tribunal referred effects of 2021 Code which introduced new recreational athlete category and flexible sanctioning regime – not reflected by 13 months proposed sanction – Tribunal did not accept it was fair and proportionate – relatively young recreational athlete participating at low level of sport with no anti-doping education – athlete an example new category intended to apply – Tribunal imposed four months sanction – public disclosure not mandatory for recreational athlete.

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