US Open Champ’s Alleged Doping Problems Continue

On August 20^th, 2024, right before the start of the US Open, Italy’s Jannik Sinner officially received an anti-doping sanction due to testing positive for Clostebol, a banned anabolic steroid.[1] Sinner originally tested positive – twice via a urine sample – for the banned substance this past March during the Indian Wells Masters 1000 Tennis Tournament.[2] Notably, the amount of Clostebol found in Sinner’s system as a result of the urine tests was “less than a billionth of a gram.”[3] Despite these failed drug tests, word of the doping violation was only released to the general public last month.[4]

For context, Clostebol is an “anabolic steroid that can be found in ointments and sprays sold over-the-counter in some countries, such as Italy, and used to treat cuts or scrapes.” Sinner was provisionally suspended for his positive urine tests, and “had to forfeit $325,000 in prize money and 400 ranking points he earned by getting to the semifinals at Indian Wells.”[5] Sinner then appealed his ban, stating that he was involuntarily exposed to the steroid by a “member of his team [who] purchased a spray that contained Clostebol in Italy . . . . [This team member] then gave [the spray] to another team member – a physiotherapist – who cut a finger. Sinner said the physiotherapist then gave him a massage, which transmitted the substance to Sinner.”[6]

It is important to note that, when Sinner appealed his ban, the International Tennis Integrity Agency (ITIA) had to step in to conduct an internal investigation regarding the alleged doping violation(s). Specifically, the ITIA “is an independent body established by the international governing bodies of tennis to promote, encourage and safeguard the integrity of professional tennis worldwide.”[7] Moreover, the ITIA has established a set of rules (specifically Articles 2 and 10) called the “Tennis Anti-Doping Program” (TADP) which is:

managed and enforced by the ITIA on behalf of the ATP, WTA, ITF and Grand Slams. It is the responsibility of everyone in tennis to be aware of the rules. Players are tested for the substances prohibited by the World Anti-Doping Agency (WADA) and if a violation occurs, sanctions will be enforced in compliance with the World Anti-Doping Code.[8]

Article 2.1.1 of TADP, specifically defines the anti-doping rule violations. For example, Article 2.1.1 states that:

[i]t is each Player’s personal duty to ensure that no Prohibited Substance enters their body. Players are responsible for any Prohibited Substance or any of its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary to demonstrate intent, Fault, Negligence, or knowing Use on the Player’s part in order to establish an Article 2.1 Antidoping Rule Violation; nor is the Player’s lack of intent, Fault, Negligence or knowledge a defense to an assertion that an Article 2.1 Anti-Doping Rule Violation has been committed. (emphasis added).[9]

Additionally, Article 10 of TADP defines ineligibility sanctions for individuals. Article 10.2 of TADP states that “[if it is] that Player’s or other Person’s first doping offence[,] [they will be subject to] . . . potential elimination, reduction, or suspension. . . .” (emphasis added).[10] Moreover, Article 10.2.1.1 states that the period of ineligibility will be four years “where the Anti-Doping Rule Violation does not involve a Specified Substance or a Specified Method, unless the Player or other Person establishes that the Anti-Doping Rule Violation was not intentional.”[11] (emphasis added). Finally, under Article 10.2.2, if Article 10.2.1 does not apply, then the “period of ineligibility will be two years.”[12]

Ultimately, the ITIA, “accepted [Sinner’s] explanation, [and conducted an] . . . independent tribunal, which said Sinner was not negligent and not at fault.”[13] Thus, “Sinner’s results, prize money and ranking points from the ATP Masters 1000 event at Indian Wells” were restored.[14] However, the reigning 2024 U.S. Open champion’s doping saga does not end here. The WADA and Nado Italia (Italy’s anti-doping agency), said that they would each review the decision and reserve the right to appeal.[15] Moreover, “[w]hile the doping rules state that any other party with a right to appeal – such as Nado Italia – has 21 days to do so, the WADA then gets another 21 days on top of that before its own window closes.”[16] Thus, “[a]n appeal [by either organization] could jeopardize [Sinner’s] US Open title[,]” as well as credibility on the professional circuit.[17] Sinner has already faced scrutiny regarding this situation from 2022 Wimbledon Finalist, Nick Kyrgios, who posted his thoughts about the situation on his X (formally Twitter) account:

Ridiculous – whether it was accidental or planned[.] You get tested twice with a banned (steroid) substance . . . you should be gone for 2 years. Your performance was enhanced. Massage cream . . . Yeah nice [rolling eyes emoji].[18]

Thus, Sinner’s fate sits in the hands of the WADA and Nado Italia if either organization decides to pursue an appeal in the upcoming days. But, as Kyrgios’ tweet suggests, even if an appeal is not sought, it may take a long time for Sinner to earn back the respect of his colleagues on the professional circuit.

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[1] Fendrich, Howard, Why wasn’t Jannik Sinner suspended after two positive steroid tests? What do other players think?, Associated Press (August 21, 2024) https://apnews.com/article/jannik-sinner-doping-steroid-test-clostebol-fa89853c0de2969fc4aa1b4195f2a91f.

[2] Id.

[3] Jannik Sinner cleared of wrongdoing after failed drug tests, ITIA says, Reuters (August 20, 2024) https://www.reuters.com/sports/tennis/world-no-1-sinner-cleared-wrongdoing-after-failed-drug-tests-itia-says-2024-08-20/.

[4] Supra note 1.

[5] Id.

[6] Id.

[7] https://www.itia.tennis/

[8] Id.

[9] TADP Rules. ITIA. (2024, January 1). https://www.itia.tennis/tadp/rules/.

[10] Id.

[11] Id.

[12] Id.

[13] Supra note 1; see also Ostlere, Lawrence, World No 1 Jannick Sinner tested positive for banned substance after ‘contamination by physiotherapist,’ The Independent (August 21, 2024) https://www.independent.co.uk/sport/tennis/jannik-sinner-physio-contamination-drug-test-tennis-b2599034.html. (Finding that “[a]n independent panel held a hearing on 15 August and ‘determined a finding of No Fault or Negligence applied in the case, resulting in no period of ineligibility,’ according to the ITIA.”); Independent tribunal rules ‘No Fault or Negligence’ in case of Jannik Sinner, International Tennis Integrity Agency (ITIA) (August 20, 2024) https://www.itia.tennis/news/sanctions/independent-tribunal-rules-no-fault-or-negligence-in-case-of-italian-player-jannik-sinner/.

[14] Supra note 3.

[15] Associated Press, WADA mulls Jannik Sinner’s doping exoneration, may appeal, ESPN (September 10, 2024) https://www.espn.com/tennis/story/_/id/41205868/wada-3-weeks-appeal-jannik-sinner-doping-exoneration.

[16] Id.

[17] Id.

[18] ESPN News Services, Jannik Sinner avoids ban twice after testing positive for steroid, ESPN (August 20, 2024) https://www.espn.com/tennis/story/_/id/40928617/tennis-jannik-sinner-tested-positive-steroids-avoids-ban.