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Teen sprinter sues Gatorade over doping ban that cost him an Olympic spot

The fastest high school sprinter in history is suing Gatorade, claiming the company gave him a fraudulently certified product that contained a banned substance and led to his four-year banishment from track and field, costing him a chance to compete in the Paris Olympics.

Issam Asinga, the Surinamese teenager who set the under-20 world record in the 100 meters, said that when Gatorade honored him as its high school track and field athlete of the year in July 2023, it provided a gift basket that included Gatorade Recovery Gummies. In a lawsuit filed Wednesday, the 19-year-old Asinga claims those gummies are the reason he later tested positive for the banned substance GW1516, which led to a four-year ban this May and stripped him of his record. The suit further claims the company took measures to protect its reputation, damaging Asinga’s in the process.

Asinga filed suit in the Southern District of New York against Gatorade and Pepsi Co., its parent company. He is seeking, according to the lawsuit, to “recoup the millions of dollars he has lost in economic opportunities, as well as compensation for the devastating emotional harm he has suffered.”

In an emailed statement, a Gatorade spokesperson said: “The product in question is completely safe and the claims made are false. … Gatorade products are FDA compliant and safe for athlete consumption, which was validated by the findings of the Athletics Integrity Unit investigation.”

Were he eligible, Asinga could have competed for Suriname at the Paris Olympics, earning potentially millions on a sponsorship deal. Instead, he is banned from the Games and lost his endorsement opportunity. The suspension also will prohibit him from training with or competing his college teammates at Texas A&M, and despite support from his coaches, Asinga believes he could lose his scholarship.

“You’re either guilty or you’re not,” Asinga said in a Zoom interview alongside his lawyers. “I know I’m not, so I’ve got to chase my dream. I’ve got two Olympian parents; I was born to run. Am I going to destroy my dream because of something I didn’t do, or am I going to keep fighting until the end?”

‘I was honored when they told me to get tested’

Asinga grew up in Atlanta, went to a St. Louis boarding school, lived a couple of years in his mother’s native Zambia, went to high school in Florida and currently attends Texas A&M. He is the son of track and field Olympians: His mother, Ngozi, competed for Zambia, and his father, Tommy, once served as the flag bearer for Suriname.

By the summer of 2023, Asinga had become one of the world’s most promising track athletes. That April, he stunned the track world by beating world champion Noah Lyles in a 100-meter race in Florida with a wind-aided time of 9.83 seconds.

Asinga chose to compete under the flag of Suriname. In a Zoom interview Wednesday, as he described the effect of his son’s suspension on his home country, Tommy began to cry.

“I felt like I had more of an opportunity to make a difference running for Suriname,” Issam Asinga said. “In Suriname, the one thing that’s holding them back is the facilities. They don’t have someone who can make that difference. I can use whatever I do in my track career to help better this country.”

Gatorade named him its 2023 Florida boys’ track and field player of the year and invited him to a July 11 ceremony in Los Angeles. One month before the ceremony, according to the lawsuit, Asinga took a drug test that came back clean.

“I was honored when they told me to get tested,” Asinga said. “I was like, ‘Okay, bet!’ That’s how I know I’m going somewhere.”

At a gathering the day before the awards ceremony, Gatorade gave Asinga and other athletes a gift bag that included cherry-flavored Gatorade Recovery Gummies. The container was stamped as “NSF Certified for Sport.” NSF is an independent public health organization.

According to the lawsuit, Asinga’s mother texted Issam’s coach, Gerald Phiri, a photo of the ingredient label and asked, “Is this ok to eat[?]”

When Ngozi showed him a picture of the Gatorade logo, Phiri wrote back: “Oh yea these are both fine. Gatorade doesn’t make products that are against sporting rules.”

For the next two weeks, according to the lawsuit, Asinga took two gummies after his workouts. The Athletics Integrity Unit (AIU), the drug-testing arm of World Athletics, tested him again July 18.

Asinga stopped taking the gummies “on or around” July 25, according to the lawsuit. On July 28, Asinga ran the 100 meters in 9.89 seconds at a meet in São Paulo, Brazil. This time, the wind was legal: He had broken the under-20 world record. The AIU tested him again on that day, and that July 28 test would come back clean.

On Aug. 9, 2023, the AIU informed Asinga he had failed the July 18 drug test. Picograms of GW1516 had been detected in his urine. When Asinga received the call, he said, he dropped to his knees in shock.

“It was devastating,” Asinga said. “It was the worst day of my life.”

Known as cardarine, GW1516 was originally developed as a potential treatment for obesity and alters how the body metabolizes fat, according the U.S. Anti-Doping Agency. It is illegal for use in food or medication. The U.S. Anti-Doping Agency notes in its handbook, “athletes should be aware, however, that dietary supplements may be contaminated with this compound.”

Asinga and his lawyer, Paul Greene, who specializes in defending athletes accused of performance-enhancing drug use, compiled a list of foods and supplements he had consumed that could be tested for GW1516. They included the Gatorade gummies.

“We kind of laughed it off,” Asinga said. “It was the last thing I would have thought this source would have been in. This brand is something I’ve looked up to my whole life. Gatorade is a part of sports.”

Asinga sent the gummies to the same lab, according to the lawsuit. On Oct. 26, 2023, according to the lawsuit, the lab notified the AIU that “preliminary findings” concluded the Gatorade gummies had been contaminated with GW1516.

When a company produces a dietary supplement that requires certification, it makes them in numbered lots so each lot can be tracked in case of contamination. By federal regulation, it must keep samples of each lot.

According to the lawsuit, further testing at the Utah lab confirmed not only the GW1516 contamination in the gummies Asinga had supplied; it also showed the same baseline concentration of GW1516 that had been detected in Asinga’s drug test. The chemical codes matched. The lab provided those analytical results to the AIU.

According to the AIU decision, the lab noted “two unusual aspects.” There was a “large discrepancy in the findings between the two containers of the Gatorade Recovery Gummies” and the contamination was present on the surface of the gummy rather than uniformly distributed.

The lab concluded “it was not possible to rule out deliberate adulteration of the product after it was opened,” the decision read.

Asinga’s lawyers said it defies belief that Asinga could have adulterated the gummies.

“All of them would have had to have been dipped individually in a formula that would have been watered to a trillionth of a gram,” Greene said. “An 18-year-old kid living in a dorm would have had to have done that. It’s almost laughable that that’s what he was accused of doing.”

According to the lawsuit, Asinga again contacted Gatorade and requested a sealed bottle from the 22092117150234 lot.

According to the lawsuit, Gatorade instead sent a bottle of recovery gummies to the AIU from a different lot. That lot had been tested by NSF and was accurately labeled as such, according to the lawsuit. The NSF, in a a public notice issued in early June, said the container in Asinga’s case came from an allotment it had not tested.

“They did a bait-and-switch,” said Alexis Chardon, the lawyer representing Asinga in court. “They said, ‘We don’t have a sealed supplement of the one we gave Issam. But we have this other one. Why don’t you take this one?’ That one was NSF tested. And then they let that lie fester.”

“Gatorade fully complied with the Athletics Integrity Unit investigation, including producing evidence that was accepted by the AIU that the gummies were not contaminated with the banned substance in their original ruling,” a Gatorade spokesperson said in an emailed statement.

When the AIU tested the gummies from that container, the results came back clean, according to the lawsuit. Once the AIU received those tests, it handed down its four-year ban to Asinga.

“Gatorade created, fed, and encouraged the false narrative that Issam was given ‘clean’ gummies and therefore Issam had adulterated the ones he got tested,” the lawsuit reads.

Attempting to restore a reputation

On June 14, less than two weeks after the NSF released its public notice about Gatorade, Asinga received what he hoped would be a breakthrough: A representative from the AIU called Greene and told him Gatorade had found and sent a sealed bottle from the same lot as Asinga’s bottle of recovery gummies. If that bottle was tainted with GW1516, it would be pivotal to overturning Asinga’s suspension.

The tests came back negative, according to the lawsuit.

Feeling “confused,” according to the lawsuit, Asinga contacted other athletes from the 2023 awards ceremony and found one who had a similar bottle of recovery gummies. When that bottle was tested for GW1516, according to the lawsuit, it also came back negative.

“For a while, it looked like we dug ourselves in deeper,” Chardon said.

According to the lawsuit, Asinga’s team had one more idea: On June 26, they asked for his original recovery gummies to be retested. They wondered whether the GW1516 had become undetectable over the previous six months.

On July 5, according to the lawsuit, the results came back: The gummies that once had tested positive now returned a negative result.

“Gatorade’s delay had cost Issam the possibility of proving contamination in a sealed container from the same lot he had ingested, robbing him of the possibility of ever meeting the AIU’s gold standard test for showing innocent ingestion of a banned substance,” the lawsuit reads.

In a statement, Gatorade said it “spent those months looking for the specific lot number in the field and, once sourced, immediately provided the product to the AIU.”

Because GW1516 is illegal, Greene said, scant testing has been done on it. Greene is hoping to organize lab tests that can prove GW1516 could become undetectable over the six months. He hopes to use that finding in his Court of Arbitration for Sport appeal later this year.

The lawsuit against Gatorade made Wednesday “one of the first days I can say I’m actually taking a deep breath and let it out a little bit,” Ngozi said. “As a parent, it’s so overwhelming. You never in a million years expect your child to be fighting for his character and his integrity because of something he didn’t do.”

Over the past month, Asinga lost his final glimmer of hope that he could run in the Paris Olympics. He has remained optimistic that he will sprint next year for Texas A&M. He has cried and felt depressed at times. Over the winter, he stopped practicing for several days and wondered whether track was worth it. He still believes he will prevail.

“It hurts,” Asinga said. “There’s been some bad days. The clouds might be over us. But they’re going to have to clear eventually.”

(07/14/2024) Views: 293 ⚡AMP