How Amir Khan proved his failed test was NOT intentional with drugs ban only two years

Amir Khan has been given a two-year ban from all sport having tested positive for a banned subtance following his grudge match defeat against Kell Brook last year – but it could have been worse, had he not been able to prove its ingestion was unintentional. 

The 36-year-old was notified of his failed test on April 6, 2022, with a urine sample collected by UK Anti-Doping (UKAD) revealing a finding of ostarine – a banned substance which can aid muscle growth, known to have similar effects to testosterone.

Khan was charged with two Anti-Doping Rule Violations for the presence and use of the prohibited substance on July 20, 2022, but in maintaining his ingestion of ostarine was not intentional, the case was referred to the National Anti-Doping Panel and considered by an independent tribunal.

Importantly, UKAD operate under a policy of strict liability, meaning it is an athlete’s responsibility – regardless of intent or negligence – to ensure a banned substance does not enter their body. 

Khan, after failing a UKAD drugs test, was therefore always set for a ban. The tribunal, centred around Khan’s intent, decided how long this ban would be. Had the former world champion boxer failed to show a lack of intent, he would have been banned for four years. 

Amir Khan has been banned for two years following anti-doping rule violations a year ago

The former world champion boxer tested positive for ostarine after losing vs Kell Brook (left)

Of course, Khan retired last year following the brutal defeat against Brook, and on Tuesday morning he confirmed he has no plans to return to boxing. However, his reputation is on the line, and he stresses he has never cheated in his life.  

The tribunal, it turns out, came to the same conclusion – at least in this instance, anyway. That’s despite the fact Khan was unable to provide a conclusive explanation as to how the substance was ingested – which is of fundemental importance in all but the most exceptional of circumstances. 

What was crucial for Khan, though, was the fact that he was tested on three occasions leading up to the fight – twice by USADA in America and once by UKAD – with each coming back negative. The negative UKAD test was taken on February 12, while the positive test was taken following the fight on February 19. 

This meant that the ingestion of ostarine must have taken place between February 12 and February 19 – which was a key factor throughout the tribunal, with the scientific evidence ultimately ruling out any deliberate or reckless conduct by Khan. 

During the tribunal, Professor Pascal Kintz – who has considerable experience in pharamacy and toxicology – concluded that the amount of ostarine found in Khan’s system did not correlate with any intention to gain a performance-enhancing benefit. 

Kintz explained daily doses of ostarine required to enhance performance would be 10 to 25 milligrams. Khan’s urine had a concentration of 0.5 nanograms per millilitre. Using ostarine for performance enhancing would result in a urine conencration around 1000 times more than this. 

Professor Cowan of Kings College also gave evidence, stating the most likely cause of the positive sample was the inadvertent administration of a micro-dose of ostarine. 

It was therefore decided that there was no rational explanation for Khan, who had tested negative on three occasions between January 20 and February 12, to intentionally take a small, non performance-enhancing drug just days before the fight.  

Khan accepted the violations but maintained his ingestion of ostarine was not ‘intentional’

Khan, meanwhile, gave two witness statements throughout the tribunal. Here, he stated that both he and Brook insisted on additional tests by VADA leading up to the fight, while pointing to his series of negative tests. 

He also insisted he had, upon learning of the failed test, tried to establish exactly where the substance had come from. 

Khan concluded the most likely explanation was contamination of a supplement or incidental contact with another person. 

Khan also stressed he had never even heard of ostarine – and that in being notified of the positive sample nearly two months later on April 6, his ability to establish the source was prejudiced.   

Ultimately, the tribunal accepted that Khan’s evidence was truthful. And ultimately, it was decided he did not intend to ingest the banned substance. But nevertheless, Khan is banned for two years, coming to an end on April 5 2024.

WHAT IS OSTARINE? 

Ostarine is a Selective Androgen Receptor Modulator (SARM) – a type of therapeutic compound used for stimulating tissue growth like muscle and bone. 

The substance is not approved for human consumption in any country and is prohibited at all times in sport by WADA. 

There have been a rising number of positive tests involved ostarine and other SARMs in recent years, with athletes likely to obtain the substance from black market channels.

Ostarine can be found in other products – but only illegal ones, and a doctor will never prescribe a treatment or medication that contains it.

Some dietary supplements can contain SARMs such as ostarine and are sold as ‘legal steroids’ or ‘research only’ chemicals, according to USADA.

There is interest in ostarine to treat a number of muscle-wasting diseases, including cancer, osteoporosis and hypogonadism.