Brazil, host to the 2016 Olympic Games, has its 10th and 11th positive doping tests in swimming on its hands. The CBDA, the Brazilian swimming federation, reported the following cases today:
Last year, Cesar Cielo and three training partners tested positive for a banned substance and were let off with a warning, That was upheld by the Court of Arbitration for Sport (CAS), evidence of lab cross-contamination at the source of manufacture of the substance, a caffeine-based supplement, accepted by lawyers. An interesting twist in the case was that of Vincius Waked, who tested positive for the same banned substance as his three teammates but was served more than a warning because he had tested positive on a previous occasion.
The lawyer representing Cielo was Howard Jacobs, who also represented Jessica Hardy, the American breaststroke swimmer dropped from the 2008 US Olympic team after a positive test for low levels of clenbuterol.
On May 21, 2010, CAS agreed with the 2009 decision of the American Arbitration Association and dismissed the appeal by the World Anti-Doping Agency) to increase Hardy's suspension from one to two years. CAS did not agree to Hardy's request to have the International Olympic Committee join her arbitration nor her request to make a recommendation on her eligibility for the 2012 London Olympic Games. In April 2011, Hardy regained her right to race at the Olympic Games and swam at London 2012.