13. September 2024
On 6 June 2024, Mr. Tomás Rodríguez Hernández was notified of an Adverse Analytical Finding for Clomiphene reported in the sample he provided during an In-Competition anti-doping control at the 2024 IRONMAN Texas held on 27 April 2024. The reports of the Laboratory reported the presence of Clomiphene at extremely low levels. The levels in the reports mentioned the presence of an estimated concentration of Clomiphene of 0.099 ng/ml and an estimated concentration of the metabolite 4-hydroxy-clomiphene of 0.416 ng/ml.
According to a study conducted by WADA (https://www.wada-ama.org/en/resources/scientific-research/are-poultry-and-eggs-source-minute-amounts-clomiphene-doping-control#:~:text=In%20this%20study%2C%20the%20possible,or%20even%20in%20the%20eggs), it is possible that the consumption of eggs which are contaminated with Clomiphene can produce an Adverse Analytical Finding. As mentioned in Mr. Rodríguez Hernández’ media statement of 6 August 2024, it is thus suspected that the trace of Clomiphene in his sample originates from contaminated eggs and/or poultry. As Mr. Rodríguez Hernández has never used any prohibited substances in any form, inadvertent consumption through contaminated food appears to be the only explanation for the Adverse Analytical Finding. However, proving this theory is extremely difficult and very costly.
After careful consideration, Mr. Rodríguez Hernández has decided to enter into an agreement of consequences with the International Testing Agency, which acted on behalf of the World Triathlon Corporation. This decision was taken due to the impossibility of being able to pinpoint the source of the contamination, a decision which was not taken lightly.
The agreement provides inter alia for a Period of Ineligibility of 2 years starting on 6 June 2024 until 5 June 2026. Additionally, the results achieved by Mr. Rodríguez Hernández at the 2024 IRONMAN Texas are disqualified and include forfeiture of medals, points and prizes.
The Agreement constitutes the decision for this case. However, the World Anti-Doping Agency and Mr. Rodríguez Hernández’ National Anti-Doping Organization have a right of appeal.
Even though this case did not end in favor of Mr. Rodríguez Hernández, he remains a strong advocate for clean sports. He urges the international sporting community and anti-doping organizations to intensify their research in order to be able to distinguish between an AAF caused by therapeutic use of Clomiphene versus an AAF caused by the consumption of contaminated food. Furthermore, he urges states to improve food safety in order to protect the general health of the public and to protect athletes from inadvertent consumption of contaminated food.
Mr. Rodríguez Hernández will continue to race professionally after the Period of Ineligibility is served.
Mr. Rodríguez Hernández was supported during this difficult time in his sporting career by Mr. Sridar Paramalingam of Nordwand Law LLC, Mr. Muiris Lyons of Muiris Lyons Legal and Mr. Javier Barrera. Mr. Paramalingam and Mr. Lyons were instructed through the Sport Resolutions’ Pro Bono Service.
We ask the international Triathlon Community to react to this media release in a respectful manner and to uphold the principles of sportsmanship towards Mr. Rodríguez Hernández.
On behalf of Mr. Tomás Rodríguez Hernández,
Sridar Paramalingam
Attorney at law
Nordwand Law LLC