LawMedicine

P. Kintz

2026.4.17THERAPEUTIC DRUG MONITORING

DOI: 10.1097/ftd.0000000000001463

Abstract

BACKGROUND At the conclusion of the December 2025 World Anti-Doping Agency (WADA) international meeting in Korea, contamination remained a contentious issue. Several high-profile cases have placed both the Agency and the public under scrutiny. Contamination often lies at the intersection of intentional doping and inadvertent exposure. Although contamination is well recognized in relation to dietary supplements, pharmaceuticals, or shared sporting equipment, exposure to prohibited substances through intimate contact-including kissing or sexual relations-has attracted increasing attention since 2009, particularly following the Richard Gasquet case, frequently cited as jurisprudential precedent.

METHOD Given the author's involvement in multiple cases in which the "kissing" or "sexual contact" defense was raised, 2 recent cases with divergent decisions from sports authorities were reviewed to identify the evidentiary conditions under which a suspension may be avoided.

RESULTS To substantiate drug transfer during intimate contact, converging evidence is required. First, the urinary concentration of the prohibited substance must be compatible with incidental exposure. Second, the athlete's hair analysis should support the absence of exposure to a single pharmacologically active dose. Third, the partner must be identified, and their hair analysis must confirm use of the same substance detected in the athlete's urine. Finally, an interview with the partner must establish that the athlete was unaware of the partner's substance use.

CONCLUSIONS This analysis underscores the critical importance of the athlete's partner's cooperation in documenting the source of contamination and providing sincere, consistent evidence of their involvement as the origin of the antidoping rule violation. In cases invoking the "kissing" or "sexual contact" defense, the provision of robust and scientifically substantiated evidence regarding the source and mechanism of contamination is essential.

Citation format

KINTZ, P. Perspectives from a hair testing analyst in addressing the concept of intimate contamination when challenging an antidoping rule violation. a short communication. THERAPEUTIC DRUG MONITORING, 2026, 48(4): 536–539.