ABSTRACT

This chapter is concerned with the application of the strict liability principle in the context of nutritional supplement use. It shows that the categorisation as ‘prohibited’ of certain substances that nutritional supplements may contain, and the way in which supplement-related violations have been dealt with by national anti-doping agencies and by the Court of Arbitration for Sport. Athletes from American Colleges have successfully participated in world events such as the Commonwealth Games and others where doping control is carried out in accordance with the World Anti-Doping Agency code rather than the domestic sports’ alternative versions. The potential unfairness to athletes that strict liability creates has been recognised in the field of anti-doping, and in consequence the principle has been significantly modified, to such an extent that it is no longer appropriate to speak of strict liability in the true sense.