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Cung Le Sets Wheels in Motion for Landmark Appeal of UFC Drug Test

Cung Le Sets Wheels in Motion for Landmark Appeal of UFC Drug Test

Cung Le may have tested positive for elevated levels of human growth hormone (HGH) and was then subsequently suspended for 12 months following his Aug. 23 bout with Michael Bisping in Macao, China, but that’s not the end of it.

Le has requested an appeal, which is a first for the UFC.

For international events when there is no local governing body, the UFC self-regulates, which includes ordering drug testing from a third party facility. The UFC self-regulated the event in Macao and ordered drug testing performed by the Hong Kong Functional Medical Testing Center.

SEE ALSO: Cung Le Tests Positive for Elevated Level of HGH

Le’s appeal marks the first time a fighter has challenged a drug test result at a self-regulated UFC event.

“A post-fight blood test on Aug. 23, performed by the Hong Kong Functional Medical Testing Center and ordered by the UFC, revealed Le, 42, had an hGH level of 18.162 mIU/mL, which is above normal ranges,” according to an ESPN report.

While the result may be above normal, it doesn’t tell the entire story, according to Le and his camp.

The lab the UFC used is not a World Anti-Doping Agency accredited facility, and did not follow the WADA standards for HGH testing. WADA is considered the authority on drug testing for sports across the globe.

“I tested negative for Anabolics, Stimulants, Diuretics, Masking Agents and my Testosterone levels were within World Anti- Doping Agency and Nevada State Athletic Commission Approved limits a total of three times over two urine tests and a blood test collected both before and after my fight, which is what makes these hGH result so difficult for me to accept as correct,” Le said in a statement to MMAWeekly.com.

“This has also caused me to call the testing procedures into question. I have been informed that there are many possible reasons for a level of hGH to exceed what is allowed unknowingly and my doctors are researching those possibilities, which may include a much more serious health concern. I have also been informed about the unreliability of the current hGH testing that exists and it’s high rate of inaccuracy. I want to reiterate to my fans and the fans of mixed martial arts everywhere that I did not take any performance enhancing drugs or anything that would cause my natural level of hGH to exceed normal levels.”

While the accuracy of hGH testing has been called into question in the past, it’s not necessarily that detecting an elevated level of hGH is not accurate, but how that result is interpreted.

There are several variables involved when determining whether an elevated hGH level indicates abuse or a naturally occurring fluctuation, which WADA admits occurs naturally.

“Since the total levels of hGH secreted into circulation vary naturally, are widely fluctuating over time and may be influenced by several factors not associated with doping, it is practically impossible to develop an anti-doping test based simply on the measurement of increased total hGH concentrations,” according to WADA’s website. “However, doping with recombinant hGH (recGH) alters the naturally constant proportions between the different isoforms of hGH present in blood of an individual. The hGH Isoform Differential Immunoassays were developed to detect these changes in the proportions of different hGH isoforms after recombinant recGH injection.”

Le and his manager, Gary Ibarra, argue that the lab used to process the test did not go the extra mile in determining the variables necessary to determine whether his increased level of hGH was abuse or naturally occurring.

“Upon our independent review of the laboratory procedures when testing for PED’s, it has been clear that the possibilities for incorrect test results are many. We were informed that the laboratory was advised to use the WADA approved rules and procedures when conducting the testing that they administer, yet the lab in Hong Kong contracted to do the testing was not WADA approved, which was surprising since there was a WADA approved lab available in Beijing China,” Ibarra said in a statement to MMAWeekly.com.

“The blood sample was collected post-fight when the natural hGH levels are the least reliable as the body in an attempt to heal itself will naturally release more hGH.”

A report from the British Journal of Sports Medicine supports that statement: “The concentration of hGH in blood increases with time for a given work intensity and can increase 10-fold during prolonged moderate exercise. During more intensive exercise, hGH will increase by 5 to10-fold. With short exercise durations, levels of GH will generally peak at 15 to 30 minutes after the exercise.”

“But even more of a concern is that the more reliable and WADA required test for hGH known as the IGF-1 test was never conducted on the sample,” said Ibarra. “When we contacted the UFC to request that this more reliable test be conducted, we were informed that this was not possible as the lab only retained the sample for a week following the fight. WADA regulations require that samples are to be frozen and held for 10 Years, so that they can be retested in the event of a challenge.

“WADA rules state that when testing for hGH, the lab must use the ‘Isoform Differential Immunoassays’ or ‘the Isoforms Test’ a procedure which requires the IGF-1 test be performed. Again, this test was not performed by the lab and was could not subsequently be performed as the sample had been destroyed.”

It certainly sounds like Le’s camp makes a valid case to at least call into question the test results and the accuracy of the results to indicate abuse.

Le and his camp were initially unaware there was an appeal process, and were not informed of such by the UFC. Ibarra told MMAWeekly.com that he first found out about the possibility to appeal the result when ESPN report Brett Okamoto contacted him asking if he intended to follow the appeals process UFC officials told ESPN was in place.

“UFC president Dana White confirmed Le's right to file an appeal to ESPN.com on Wednesday,” wrote Okamoto. “The appeal would be overseen by a third-party arbitrator, according to Lawrence Epstein, UFC chief operating officer.”

“The (American Arbitration Association) would hear whatever Cung Le's arguments are,” said Epstein. “He has a certain time to file his intention to appeal. An arbitration panel would be set up, he'll make his case, arbitration will make its decision and that will be the end of it.”

As soon as Ibarra was informed of Epstein’s comments, he sent an email to the UFC’s general counsel and upper management stated that they would like to proceed with the appeal.

As of Friday afternoon, Ibarra said that he had not received a response to his email requesting an appeal, so did not have any information on how soon an arbitration hearing might take place.

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