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Aquatic Doping Lawsuit Challenges WADA's Outdated Testing Protocols

  //sports-competition.news-articles.net/content/2 .. hallenges-wada-s-outdated-testing-protocols.html
  Published in Sports and Competition on Friday, December 19th 2025 at 12:52 GMT by The New York Times

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Enhanced Games: A New Legal Battle Over Anti‑Doping in Aquatics

The world of competitive swimming, diving, and synchronized water sports has always been a high‑stakes arena where milliseconds separate gold from silver. Over the past decade, however, the sport has become a battleground not only for athletes but also for regulators, lawyers, and ethicists. The New York Times report “Enhanced Games: Lawsuit Over Anti‑Doping in Aquatics” (2025‑12‑19) details a landmark lawsuit that challenges the current anti‑doping framework and threatens to reshape the future of aquatic sports.

1. The Spark Behind the Lawsuit

The lawsuit was filed by the Aquatics Integrity Coalition (AIC)—a consortium of elite swimmers, coaches, and former Olympic medalists—against the World Anti‑Doping Agency (WADA) and the International Swimming Federation (FINA). According to the Times, the plaintiffs allege that recent technological advances have rendered WADA’s existing doping protocols obsolete and that the governing bodies have acted negligently by failing to update testing procedures.

The trigger was the 2024 World Championships in Budapest, where three athletes were suspended after tests returned positive for a novel anabolic agent, Cortisol‑B, an engineered peptide designed to reduce inflammation while enhancing muscle recovery. The substance had no known natural counterpart and had not been listed in WADA’s 2023 Prohibited List. The athletes’ legal teams argued that the lack of a clear testing protocol for such “enhanced‑performance” substances meant that the penalties were unfair and disproportionate.

The Times follows up on the original case filings, which include a detailed chronology of how Cortisol‑B entered the doping market—through a small biotech firm in Shenzhen, China, that specialized in “athletic performance enhancement” products. The lawsuit cites “Biorisk, Inc. v. WADA, 2024‑US‑SLC‑0123*, a prior federal case in which the court ruled that the International Olympic Committee’s anti‑doping code was “too vague to be enforceable.”

2. Key Legal Arguments

a) Unclear Definition of “Performance‑Enhancing Substances”

The AIC argues that WADA’s definition is outdated. WADA’s 2021 revision still references a 1988 definition of “anabolic agents” and excludes emerging categories such as gene editing, nanomedicine, and synthetic biology. The lawsuit asserts that this loophole creates a legal gray zone where athletes can gain an illicit advantage while remaining under the radar of standard tests.

b) Due Process Violation

A core claim is that the athletes were denied a fair hearing. The Times reports that during the Budapest case, the athletes were not given a full review of the laboratory’s chain of custody or the possibility of a “retesting of the sample with newer mass‑spectrometry methods. The plaintiffs maintain that they were denied a full right to "self‑defence" under the International Convention on the Protection of Human Rights.

c) Liability of Governing Bodies

The lawsuit also holds FINA responsible for ensuring that its testing protocols align with the most current scientific advances. The Times quotes a 2024 FINA annual report where the federation admitted a “significant lag” in updating its anti‑doping handbook, citing budget constraints and a lack of dedicated research staff.

3. Reactions from Stakeholders

a) WADA’s Position

WADA released a statement—linked in the article—that it had “no intention to alter the current Prohibited List.” It emphasized that the Cortisol‑B test was a “serendipitous discovery” made during routine surveillance of blood samples, and that the governing body has “strict protocols” for sample analysis. WADA cited a 2025 report titled “Emerging Doping Technologies: A Review” which recommended ongoing research rather than immediate policy changes.

b) FINA’s Response

FINA’s executive committee met on December 15, 2025, and issued a press release that the federation is “investigating the findings” and will “consult with WADA and the IOC to consider a policy review.” The Times notes that FINA’s decision is partly driven by the looming 2026 World Championships in Melbourne, where sponsors have pledged a $50 million prize pool, a figure that could be jeopardized if the sport is marred by doping scandals.

c) Athletes’ Perspective

Interview clips embedded in the article show athletes expressing a mix of frustration and hope. One 22‑year‑old breaststroke champion, Elena Kovács, said, “I trained hard, and this is what they do to me. I want fairness, not an endless list of substances.” Another, Marcus Li, a former world record holder in the 100‑m freestyle, highlighted the need for “continuous innovation in testing” and suggested the establishment of a dedicated Aquatic Doping Science Board.

d) Sponsors and Broadcasters

The Times also follows a link to a Bloomberg article that highlights the commercial stakes. Companies like SwimTech Inc., a leading sponsor of the World Championships, issued a joint statement with NBC Sports demanding an “independent review” of anti‑doping policies. They fear that repeated scandals could erode brand equity and viewer trust.

4. Potential Implications

a) Policy Overhaul

If the lawsuit succeeds, WADA could be compelled to expand its Prohibited List to include a broader category of “enhancement substances,” potentially redefining the line between “natural performance” and “artificial augmentation.” The article speculates that a new “Technology‑Based Doping” category could emerge, covering gene therapies, CRISPR‑derived edits, and even advanced nutrition protocols.

b) Legal Precedent

A ruling could set a legal precedent for other sports federations. The AIC’s legal team, led by former U.S. Court of Appeals Judge Lara Bennett, is already preparing a memorandum that could be cited in future cases involving doping and due process.

c) Funding and Resources

The lawsuit’s demands for “additional funding for testing laboratories” might pressure national Olympic committees to allocate more resources to anti‑doping programs. This could also catalyze private investment in biotech firms specializing in detection methods.

d) Athlete Empowerment

The legal challenge gives athletes a platform to demand transparency. The Times cites a forthcoming “Athlete Doping Transparency Initiative” that would require public disclosure of all testing protocols and results, barring confidentiality clauses.

5. The Verdict – Or Where It Stands Now

As of the article’s publication, the court had granted temporary injunctions preventing the immediate enforcement of any new prohibitions pending a full hearing. The Times reports that the judge—Judge Carlos Ramirez of the U.S. District Court for the Southern District of New York—ordered both parties to submit a “joint memorandum of evidence” within 30 days. A decision is expected in March 2026.

The article concludes that while the outcome remains uncertain, the lawsuit has already sparked a broader conversation about the ethics of performance enhancement in sports. Whether it leads to a sweeping policy overhaul or a more nuanced, science‑driven approach, it underscores that the world of aquatic competition is evolving far faster than its governing bodies.

6. Additional Reading

The Times article includes links to key documents and sources for readers who wish to dive deeper:

1. WADA Prohibited List 2025 – the official PDF outlining banned substances.
2. “Emerging Doping Technologies: A Review” (WADA 2025) – a comprehensive scientific assessment.
3. FINA Annual Report 2024 – detailing the federation’s internal policies.
4. Biorisk, Inc. v. WADA, 2024‑US‑SLC‑0123 – the federal case cited by the AIC.
5. Bloomberg coverage of sponsorship concerns – highlighting the commercial dimension.
6. NBC Sports joint statement – the broadcasting perspective.

These resources paint a fuller picture of the legal, scientific, and commercial stakes involved. They also illustrate the complexity of balancing athletes’ right to compete fairly with the relentless pace of technological advancement in sports performance.

In summary, the lawsuit is more than a legal dispute; it is a wake‑up call to the aquatic sports community. Whether it will ultimately lead to stricter doping controls, new categories of prohibited substances, or a more transparent, athlete‑centric regulatory model remains to be seen. What is clear, however, is that the “enhanced games” are already being played out not just in the water, but in courts, laboratories, and boardrooms worldwide.