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May 5, 2009 at 4:38 PM

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Supplement maker AdvoCare disputes Hardy panel findings

Posted by Ron Judd

The maker of the nutritional supplements swimmer Jessica Hardy blames for a positive doping case that cost her a spot on the U.S. Olympic team is disputing the findings of the arbitration panel that reduced her suspension Monday (see posts below).

The panel said Hardy had met the burden of proof that AdvoCare supplements she was taking were contaiminated with a slight trace amount of Clenbuterol, a banned substance.

But testimony offered by Hardy's scientific experts is "in direct conflict with testing conducted by two independent laboratories, both of which found no evidence that Clenbuterol was present in the AdvoCare supplements consumed by Ms. Hardy," Allison Levy, the company's legal counsel, said in a release today.

"Every single raw material used in the specific lots consumed by Ms. Hardy also tested negative (Not Detected) for Clenbuterol."

The test results were certified by NSF International, an independent laboratory licensted to test for controlled substances, the release states. The results also were certifed by HFL Sports Science, a World Anti-Doping Association-experienced laboratory that AdvoCare says has analyzed more samples for banned substances than any other lab in the world.

"The arbitration panel's finding that Ms. Hardy had met her burden of proof in showing supplement contamination was based solely upon information presented by Ms. Hardy and her legal team," the statement said. "AdvoCare was not permitted to participate in the arbitration proceeding. AdvoCare was not allowed to question witnesses or present any evidence to the arbitration panel. The arbitration panel also denied AdvoCare's requests to attend the hearing and have the proceedings transcribed by a court reporter.

"For these reasons, AdvoCare believes that the arbitration was severely flawed and the panel's finding regarding the purity of AdvoCare's products is not supported by the facts or evidence."

The company noted that it has sued Hardy in Texas, seeking a judicial determination that the AdvoCare substances were clean.

"AdvoCare believes that after consideration of evidence presented by both AdvoCare and Ms. Hardy that it will prevail in the lawsuit," the release states.

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Blog roll and links The official International Olympic Committtee site, with news releases, a searchable Olympic medals database and other archival information. Olympic news site from one of the Games' primary sponsors.
NBC Olympics columnist Alan Abrahamson's column/blog
Chicago Tribune Olympic sports writer Philip Hersh's blog U.S. Olympic Committee's athlete web site. Ed and Sheila Hula's Olympic News Service (subscription). News service with audio, video and text coverage of Olympic sports, during and between Olympics. Free, but charges for live video feed subscriptions. Beijing Organizing Committee Web site. Vancouver Organizing Committee's 2010 Winter Games site. London 2012 Summer Games site. Sochi, Russia's 2014 Winter Games site. Candidate city Chicago's summer 2016 bid committee site.
Olympic swimmer Tara Kirk's highly entertaining WCSN blog
Bellevue Olympian Scott Macartney's WCSN alpine ski-racing blog
Other WCSN Olympic athlete blogs.