Josh Barnett Gets No USADA Suspension After Arbitration

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Chromium

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Oct 10, 2016
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Josh Barnett is free and clear of his issues with USADA.

The former UFC heavyweight champion received only a public reprimand following arbitration in his USADA doping case, the agency announced Friday. That means Barnett will receive no suspension and can return to the Octagon right away.

Barnett, 40, tested positive for the banned substance ostarine in an out-of-competition drug test stemming from a sample collected Dec. 9, 2016. Barnett and his legal team were able to show the arbitrator that the ostarine came via a tainted supplement. Richard H. McLaren, the chief arbitrator of McLaren Global Sport Solutions, Inc., heard the case.

“Given the source was established to be a contaminated supplement, along with the athlete’s care and diligence concerning the nutritional products consumed, the arbitrator determined that a public reprimand was appropriate,” USADA stated in the release.

Ostarine is not approved by the FDA and is illegally sold in the United States as a performance-enhancer, per USADA. It’s not available as a prescription medication in any country, but has been found as a declared and undeclared ingredient in many dietary supplements in the United States.

Barnett is the first fighter to test positive for what can be considered a performance-enhancing drug and not get any kind of suspension since USADA started leading the UFC’s anti-doping program in 2015.

“On the evidence before me, the Applicant is not a drug cheat,” McLaren wrote in his decision. “He unknowingly ingested a Contaminated Product. In doing so, he did commit an ADPV because he had a Prohibited Substance in his Sample but he did not actively engage in attempting, in any way, to engage in the use of a Prohibited Substance.”

Josh Barnett gets no suspension after arbitration in USADA doping case - MMAFighting
 

Chromium

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Oct 10, 2016
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I have to say I did not see this one coming. Also, Barnett is one smart mofo. Normally USADA gives 6 month suspensions even for contaminated supplements. I know he's been out a lot longer than that anyway, but it's about time someone set a precedent against that, past drug cheat or not.
 

Chromium

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Oct 10, 2016
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Also I'm starting to think that with the number of cases where supplements have actually been proved with a preponderance of evidence to be legitimately contaminated, maybe this is a common practice for shady small-time companies in the fitness supplement market?

Let's say you're trying to break into the supplement market with some new product, and it's different because it's made with new ingredient X or whatever, derived from herbs from Bali. Problem: it doesn't actually work very well, or work at all. Solution: add some Winstrol or EPO or whatever, or maybe just spike random batches. That'll kick things up a notch. Now your product, which doesn't need FDA approval to be sold in the U.S. until after people get sick from it, works very nicely.

I'm sure plenty of athletes cheat. Maybe it was a bit less than we thought though? Or am I being horribly naive here?
 

Rambo John J

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So you take a tainted batch and know the supp it was in?

Or do you do a jones and not take one that can be found in supps?

This supp blame game is so interesting and an obvious loophole IMO


Do you pay for said batch?


Or did josh just get victim of a tainted supp he happened to find?
 

nuraknu

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Jul 20, 2016
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I think this is about more than just Barnett's defense. They know more of these cases are coming, and that athletes are (rightly) becoming litigious. If I were USADA, I'd want out of the whole conversation too. There is some giant poo hitting the fan over ostarine right now.

Imo, if I know ostarine is illegal, and I spike your supplement, and then USADA knows I did that but gives you a 6-month suspension over it (even retroactive), it's like USADA and I colluded to deprive you of income when we both know you didn't really do anything wrong.

I posted this link in a thread about another athlete a couple months ago: FDA Seizes SARM Products in Raid of Supplement Company Tied to Dr. Tony Huge
 

Yossarian

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Oct 25, 2015
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The tainted supplement excuse/defense has worked before, so now they all will go for that. And some may get off the hook.

You used to have to just have good doctors, now you've got to have good lawyers too. The game, is still the same.
 

nuraknu

savage
Jul 20, 2016
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The tainted supplement excuse/defense has worked before, so now they all will go for that. And some may get off the hook.

You used to have to just have good doctors, now you've got to have good lawyers too. The game, is still the same.
I think the ostarine thing is a little bit different than some of the other ones -- I think at least some of the people who popped for it genuinely had no idea what it was and got screwed. Now, it's a little different, because people really know better -- but back when Barnett had his problem, I do think it's possible he didn't know. With him specifically, it's hard to believe anything though, so who knows.
 

Rambo John J

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The tainted supplement excuse/defense has worked before, so now they all will go for that. And some may get off the hook.

You used to have to just have good doctors, now you've got to have good lawyers too. The game, is still the same.
its even easier now it seems
 

Yossarian

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Oct 25, 2015
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I think the ostarine thing is a little bit different than some of the other ones -- I think at least some of the people who popped for it genuinely had no idea what it was and got screwed. Now, it's a little different, because people really know better -- but back when Barnett had his problem, I do think it's possible he didn't know. With him specifically, it's hard to believe anything though, so who knows.
But, Josh Barnett. That's my argument.
 

jimmy boogaloo

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Nov 15, 2017
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so the tainted supplement excuse set up. must run like this?:

1) obtain information on the types of banned substances found in different supplements.
2) get hold of the supplements with the good stuff and declare it on your usada forms or whatever
3) source 3kg of the banned substances identified..
4) go nuts and bang the lot but with any masking precautions you can take
5) profit

but that still leaves you testing positive more than likely - with an excuse lined up - but all the same.. or am i missing the point?
 

benjo0101

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Jun 13, 2016
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To be fair. Just take look at his physique. If he is taking PEDs then he has been severely over charged by his supplier... they aint working
 

Yossarian

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To be fair. Just take look at his physique. If he is taking PEDs then he has been severely over charged by his supplier... they aint working
He tested positive four times now, maybe his PED's were tainted with regular orange juice?
 

benjo0101

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He tested positive four times now, maybe his PED's were tainted with regular orange juice?
Has he just been drinking cooking oil whilst taking them? How can you pop 4 times and still look like you're out of shape...whilst actually being in shape