Cung Le is back in the UFC after UFC officials rescinded the middleweight’s suspension, which they originally handed down when Le supposedly failed an August drug test the UFC itself administered.
The UFC announced the decision Tuesday in a statement, …
Cung Le is back in the UFC after UFC officials rescinded the middleweight’s suspension, which they originally handed down when Le supposedly failed an August drug test the UFC itself administered.
The UFC announced the decision Tuesday in a statement, which was initially reported by Damon Martin of Fox Sports. Le had failed the screening, UFC officials originally reported, for excess levels of human growth hormone.
In part, the UFC statement read:
Following the announcement of Le’s suspension, UFC officials have been provided with medical advice regarding the elevated total HGH present in Le’s system. In accordance with such medical advice, UFC has determined that Le’s elevated total HGH by itself does not prove that he took performance-enhancing drugs before the August 23rd bout. As a result, UFC has informed Le that his suspension is rescinded.
The test came after Le, 42, took a bloody fourth-round TKO loss to Michael Bisping at UFC Fight Night 48 in Hong Kong.
Soon after receiving word of the suspension, Le and his management team announced Le would appeal the decision. Le would have been the first fighter to appeal a drug test failure found by the UFC. Tuesday’s statement from the UFC was handed down before that process could play out.
Inside North America, an athletic commission typically oversees the drug testing process. However, in the case of the Fight Night 48 card in Hong Kong and other international cards, the UFC oversees the testing process.
At first, the suspension was for nine months. But shortly after, the UFC extended the suspension to 12 months after it decided Le’s behavior had violated the promotion’s Code of Conduct.
Both Le and, to a lesser extent, the UFC have been subject to heavy criticism throughout the process. For the moment, it appears that Le, and not the UFC, will be the one with cause to celebrate.
Today @UFC rescinded @CungLe185‘s suspension. Way better path for UFC than arbitration. Really this is about how UFC interprets PED results.
Tuesday’s decision by the Ultimate Fighting Championship to rescind a suspension handed down to Cung Le was a curious one.
For those unaware, Le was sent to the sidelines for 12 months after a blood sample taken after his August 23 loss to Mi…
Tuesday’s decision by the Ultimate Fighting Championship to rescind a suspension handed down to Cung Le was a curious one.
For those unaware, Le was sent to the sidelines for 12 months after a blood sample taken after his August 23 loss to Michael Bisping showed an elevated level of human growth hormone.
There was rampant speculation prior to the fight that Le was taking a performance-enhancing drug of some sort. Nearly all of this speculation stemmed from a photo Le posted on Instagram that showed significant improvements in his physique. They were remarkable improvements, really, when you consider Le’s age.
Le proclaimed his innocence then, saying the new muscles he displayed were mostly the result of perfect lighting in the moment the photo was snapped. We were skeptical. And when Le’s test results were announced, the reaction from the general public was: See? We told you so.
But then we started to hear about how the Hong Kong Functional Medical Testing Center—the company that handled the UFC’s testing for the Macau event—was not actually accredited by the World Anti-Doping Agency.
And this is an important bit, because in the UFC’s drive to expand its global footprint, it often acts as its own sanctioning body. In countries that have no commission, the UFC will do its own testing. This is a tricky thing, but the promotion has always been adamant that it follows Nevada Athletic Commission guidelines when acting as its own commission.
Except this time, it didn’t. Nevada and other major athletic commissions use WADA-accredited labs to handle all of their testing, and there is a reason they do so: Testing for human growth hormone is not an easy process, as detailed by Steven Marrocco from MMAjunkie.com:
In order to attain such accreditation, the labs must demonstrate their ability to perform the complex procedure involved in finding HGH and must follow strict procedures set by the regulatory body in the collection and testing of blood samples needed to find the drug. There are also defined steps for adverse findings and what happens when results are challenged.
WADA also requires that tested blood samples be frozen for a lengthy period of time so that more testing may be done if required. Le, claiming innocence after his suspension was handed down, wanted his sample tested again by a WADA-accredited lab. But that was impossible, because the Hong Kong Functional Medical Testing Center had already destroyed the sample.
The UFC said in a press release that Le’s suspension was rescinded because it’d been provided with additional medical advice:
Following the announcement of Le’s suspension, UFC officials have been provided with medical advice regarding the elevated total HGH present in Le’s system. In accordance with such medical advice, UFC has determined that Le’s elevated total HGH by itself does not prove that he took performance-enhancing drugs before the August 23rd bout.
That begs the question: What kind of medical advice was it receiving when it decided to suspend Le in the first place? And wouldn’t it be better to obtain all of this medical advice before (perhaps incorrectly) announcing to the world that one of your fighters was using performance-enhancing drugs?
Perhaps Le was using PEDs. Perhaps he wasn’t. We’ll never know, because the handling of his test was so poorly done that it amounts to a total whitewash. The decision to rescind Le’s suspension was the right one. But it opens the door to a larger conversation about how these things are handled when the UFC is sanctioning itself.
In announcing the decision to rescind Le’s suspension, the UFC also said this:
The UFC organization has always been a leader when it comes to testing for performance-enhancing drugs in combat sports. All UFC athletes know they are subject to drug testing by an applicable state athletic commission, an international governing federation, or by an independent laboratory contracted by the UFC when no regulatory body is overseeing the event. In those cases where regulatory oversight is unavailable, UFC voluntarily chooses to adhere to the highest level of athlete health and safety protocols similar to if the event were being held in the state of Nevada.
There, at the end of that paragraph, it repeats the same sentiment it’s been using for several years: We know that having no regulatory oversight is not ideal, but we counter by sticking to the gold standard laid down by Nevada.
Except this time, it didn’t. It used a lab that was not accredited by WADA and that most certainly is not in accordance with Nevada’s standards.
It must be said that the UFC is taking major steps to counter MMA‘s drug problem. CEO Lorenzo Fertitta recently revealed the promotion’s efforts to create a new program that will randomly test all UFC athletes multiple times per year.
This is no small thing, and it must be applauded. It’s getting a big thing done, and it’s spending a lot of money to do it.
But at the same time, it must be extra careful to adhere to the standards it’s set for itself when it’s acting as its own sanctioning body, because those are the situations that make people uncomfortable. Whether it’s warranted or not, they feel ripe with potential for abuse and controversy. I don’t believe Fertitta, Dana White or Marc Ratner would ever intentionally bend their sanctioning rules to protect one of their stars, but whether they’d actually do it isn’t important.
The perception is what is important.
So this is a learning experience for the UFC, or at least I hope it is. I don’t believe we’ll ever see it use a non-accredited lab for testing again. If that’s the major takeaway from this whole story, it’s a good thing. Mixed martial arts will never be considered anything more than a niche sport if the public thinks it is filled with juiced-up cheaters.
As the market leader, the UFC will have the biggest hand in helping change and guard against that perception. True random testing is a very big deal, but getting things right when it is self-regulating may be the most important thing it does.
Fortunately, the UFC has done the right thing by rescinding the suspension, and Le is now free to fight again. Here’s the official statement from UFC.com:
At UFC Fight Night Macao on August 23rd, UFC contracted with an independent drug testing laboratory in Hong Kong to perform urinalysis testing on all fighters on the card. Additionally, UFC requested the laboratory to test blood samples from 4 fighters for human growth hormone (HGH), erythropoietin (EPO) and testosterone.
One of the athletes who had his blood tested was Cung Le. The laboratory results from Le’s blood test were sent to the UFC and showed that his blood had a total HGH level outside the reference range. Based on such results, UFC officials determined that Le had violated his promotional agreement and the UFC Fighter Conduct Policy. Consequently, UFC decided that Le should be suspended from unarmed combat competition for 12 months.
Following the announcement of Le’s suspension, UFC officials have been provided with medical advice regarding the elevated total HGH present in Le’s system. In accordance with such medical advice, UFC has determined that Le’s elevated total HGH by itself does not prove that he took performance-enhancing drugs before the August 23rd bout. As a result, UFC has informed Le that his suspension is rescinded.
Fortunately, the UFC has done the right thing by rescinding the suspension, and Le is now free to fight again. Here’s the official statement from UFC.com:
At UFC Fight Night Macao on August 23rd, UFC contracted with an independent drug testing laboratory in Hong Kong to perform urinalysis testing on all fighters on the card. Additionally, UFC requested the laboratory to test blood samples from 4 fighters for human growth hormone (HGH), erythropoietin (EPO) and testosterone.
One of the athletes who had his blood tested was Cung Le. The laboratory results from Le’s blood test were sent to the UFC and showed that his blood had a total HGH level outside the reference range. Based on such results, UFC officials determined that Le had violated his promotional agreement and the UFC Fighter Conduct Policy. Consequently, UFC decided that Le should be suspended from unarmed combat competition for 12 months.
Following the announcement of Le’s suspension, UFC officials have been provided with medical advice regarding the elevated total HGH present in Le’s system. In accordance with such medical advice, UFC has determined that Le’s elevated total HGH by itself does not prove that he took performance-enhancing drugs before the August 23rd bout. As a result, UFC has informed Le that his suspension is rescinded.
Le had requested an appeal of his suspension, and was entitled to arbitrate the drug test results and suspension. However, based on the lack of conclusive laboratory results, UFC officials deemed it appropriate to immediately rescind the suspension without the need for further proceedings.
The UFC organization has always been a leader when it comes to testing for performance-enhancing drugs in combat sports. All UFC athletes know they are subject to drug testing by an applicable state athletic commission, an international governing federation, or by an independent laboratory contracted by the UFC when no regulatory body is overseeing the event. In those cases where regulatory oversight is unavailable, UFC voluntarily chooses to adhere to the highest level of athlete health and safety protocols similar to if the event were being held in the state of Nevada.
It’s a somewhat embarrassing learning experience for the UFC, which has been trying to improve fighter drug testing lately by adding additional screenings for performance-enhancers like HGH and EPO. The problem is, not all testing facilities are created equal — and that’s exactly why the UFC needs to nail down a deal with a credible, truly independent drug-testing agency as soon as humanly possible.
Even after a week of speculation, public disputes and good, solid reporting by MMA’s best journalists, there is still a lot we don’t know about Cung Le’s positive drug test.
At this point, though, the simple question of Le’s gui…
Even after a week of speculation, public disputes and good, solid reporting by MMA’s best journalists, there is still a lot we don’t know about Cung Le’s positive drug test.
At this point, though, the simple question of Le’s guilt or innocence has become secondary to the one thing we can say with absolute certainty:
The UFC can’t continue to oversee its own drug-testing program. It needs help.
Last week, the fight company self-reported that the 42-year-old Le tested positive for “an excess level of Human Growth Hormone in his system” following his UFC Fight Night 48 bout against Michael Bisping in Macau, China. As a result, the former Strikeforce middleweight champion received a nine-month suspension.
We all agree it was a good thing the UFC reported this. We also agree it’s admirable that the organization regulates its own affairs when it ventures to places lacking their own athletic commissions. On top of that, it’s great—stupendous, really—that the UFC will ramp up its testing efforts come 2015, according to multiple recent reports.
But the devil here, as the old saying goes, is in the details.
In the wake of Le’s suspension, the fighter denied any wrongdoing, and his camp took issue with many aspects of the UFC’s testing program. Under normal circumstances, that would only qualify as the usual kvetching and misdirection of a drug cheat caught red-handed.
In Le’s case, however, some of the issues raised last Thursday by manager Gary Ibarra have been independently vetted and now appear to have at least some merit.
In a story published Wednesday by MMA Junkie’s Ben Fowlkes, leading anti-doping scientist Dr. Don Catlin echoed many of Ibarra’s complaints. Catlin said the UFC sent Le’s sample to a lab not accredited by the World Anti-Doping Agency. That lab wasn’t equipped to properly test for HGH and, according to Catlin, also violated general protocols by destroying Le’s sample before proper testing could be done.
“I think (the test done by the UFC) is useless,” Catlin said. “I wouldn’t pay any attention to it all.”
Strong words from an independent doctor, which appear to dovetail with many of Le’s original claims. Ibarra’s initial statement said a phlebotomist hired by the UFC took Le’s sample immediately after his fourth-round TKO loss to Bisping in August. The timing alone could’ve resulted in a positive test, the manager said, so the need to conduct the proper testing was cast in even sharper relief. When Ibarra contacted the UFC to ask for additional testing, he was told Le’s sample had already been discarded.
“I’m not sure how far ahead they were thinking when they decided to implement their own drug testing…,” Ibarra told Fowlkes. “If I’m speculating, I think the UFC saw the test, saw the results (and) said, ‘We caught him,’ and in a rush to show everybody that they’re tough on drugs, they did not make sure that it was accurate and correct.”
On top of all this, it remains unclear if an appeals process even exists for Le. To date, the UFC has said very little on the subject. Last Wednesday, the company announced that Le’s suspension was actually for one year, not nine months after “an error was discovered.”
On Monday, the organization told MMA Junkie: “We stand by the results and subsequent suspension. We have no further comment.”
Which brings us back to the real crux of this story. The UFC simply can’t continue to oversee its own drug-testing program, especially if it plans to do even more testing next year. The job is simply too big, too intricate and too important for the fight company to handle on its own.
If you’ve read this far, the reasons for this should be obvious. So far, the UFC’s self-administered testing program appears to lack desperately needed transparency; it leaves too many gray areas and puts the organization in too awkward a dual role as promoter and regulator.
The UFC needs to reach an agreement with a respected, independent third-party testing organization, which could handle all future testing in strict adherence to the WADA code.
There’s a reason those organizations exist—and it’s not only to ensure proper and reliable testing, handling and chain of custody. It also puts a much-needed buffer between athlete and employer. It puts in place a manageable appeals process and guarantees that if questions arise about a test, responsibility does not fall solely on the promoter.
The UFC should be commended for taking steps to improve its drug testing. But that testing needs to be above reproach. Making sure all future testing is handled by independent regulators will be worth it, no matter what the price.
The Hong Kong Functional Medical Testing Center (HKFMTC) resides in Hong Kong’s southern Yau Tsim Mong District, about an hour’s ferry ride from the Macau’s Cotai Arena where August’s UFC Fight Night 48 was held.
The company’s website offers to test your metabolic function, examine hair for heavy metals or nails for drugs of abuse, for example. It also offers a service called “autism medical testing.” The company opened its doors in February, according to an online records search, and recently put out a job posting for its marketing department.
Following the Aug. 23 event, a phlebotomist hired by the UFC took blood samples from headliners Cung Le and Michael Bisping immediately after their fight and shipped them to the HKFMTC, the promotion told MMAjunkie…It’s unclear how the HKFMTC tested the samples, and the UFC declined to answer any additional questions on the procedures used in connection with the event.On the drug testing firm’s website, there is no specific mention of testing for human growth hormone, though the company does offer a test of the endocrine system including “growth factor analysis.” It’s certain, though, that HKFMTC is not accredited by the World Anti-Doping Agency (WADA), which sets guidelines used for HGH testing. The nearest WADA-accredited lab is in Beijing, a four-hour flight from Macau.
The Hong Kong Functional Medical Testing Center (HKFMTC) resides in Hong Kong’s southern Yau Tsim Mong District, about an hour’s ferry ride from the Macau’s Cotai Arena where August’s UFC Fight Night 48 was held.
The company’s website offers to test your metabolic function, examine hair for heavy metals or nails for drugs of abuse, for example. It also offers a service called “autism medical testing.” The company opened its doors in February, according to an online records search, and recently put out a job posting for its marketing department.
Following the Aug. 23 event, a phlebotomist hired by the UFC took blood samples from headliners Cung Le and Michael Bisping immediately after their fight and shipped them to the HKFMTC, the promotion told MMAjunkie…It’s unclear how the HKFMTC tested the samples, and the UFC declined to answer any additional questions on the procedures used in connection with the event.On the drug testing firm’s website, there is no specific mention of testing for human growth hormone, though the company does offer a test of the endocrine system including “growth factor analysis.” It’s certain, though, that HKFMTC is not accredited by the World Anti-Doping Agency (WADA), which sets guidelines used for HGH testing. The nearest WADA-accredited lab is in Beijing, a four-hour flight from Macau.
The UFC repeatedly has voiced its support for the anti-doping measures taken by state athletic commissions. This past year, it began bankrolling out-of-competition testing. But in hiring the Hong Kong company to look for HGH, the promotion failed to adhere to the testing standards recognized by the commissions it intends to follow.
WADA’s protocols on HGH testing are intended for WADA-accredited labs, which are utilized by the Nevada, California, and the New Jersey athletic commissions, among others. In order to attain such accreditation, the labs must demonstrate their ability to perform the complex procedure involved in finding HGH and must follow strict procedures set by the regulatory body in the collection and testing of blood samples needed to find the drug. There are also defined steps for adverse findings and what happens when results are challenged.
Notably, the protocol advises that drug samples should be frozen in the case where an athlete wants a sample retested. It also advises that HGH testing be done out of competition to keep the element of surprise…
According to Le’s rep, Gary Ibarra, the UFC told him a retest of Le’s blood sample was impossible because it had been destroyed. Ibarra said the fighter’s next step is undetermined.
It seems obvious that the UFC used HKFMTC for the Macau card due to the lab’s closer proximity to the event, compared to the WADA-accredited lab in Beijing. In retrospect, that was a mistake — although it’s unlikely that the UFC will ever admit to that, or change its stance on Le’s suspension. And while Le’s pre-fight appearance set off alarm bells among fans, his suspension should be nullified if the testing procedures were substandard.
What if this was a criminal trial, and Cung Le was arrested based on some evidence that had been discovered…but when his defense asked to see that evidence, the prosecution told him, “Well, we destroyed the evidence, but trust us, the evidence said that you committed this crime and you should definitely go to jail”? That would never fly. Doper or not, Le should have the right to defend himself. And going forward, the UFC needs to make sure that it’s placing its drug testing in the most capable hands — not the most convenient.
In the wake of Cung Le‘s year-long suspension for an excess level of Human Growth Hormone, the UFC middleweight and his manager Gary Ibarra have publicly denied that he’s a doper. Amazingly, Le isn’t blaming his failed drug test on inept doctors or tainted supplements. Instead, his team is arguing that the procedures used by the UFC’s independent testing were suspect, and not as reliable as the World Anti-Doping Agency‘s methods. Here’s the official statement that Le and Ibarra released yesterday:
Cung Le Statement Regarding Positive hGH Test at UFC Fight Night, Macao, China
San Francisco – October 2, 2014 Gary Ibarra, Cung Le’s manager, confirmed the UFC’s statement regarding the failed hGH test results of Cung Le collected post-fight at UFC Fight Night, Macau China on August 23rd. In response to the UFC’s recent statement regarding Cung’s drug test results, our client would like to release this statement.
“I was completed surprised at the results of my recent drug test. I was informed by the UFC that I passed my pre and post-fight drug test as well as the majority of the blood tests with the only abnormality being an elevated level of hGH being determined to be present. 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. 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. ”
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. 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, 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…
(Photo via Getty)
In the wake of Cung Le‘s year-long suspension for an excess level of Human Growth Hormone, the UFC middleweight and his manager Gary Ibarra have publicly denied that he’s a doper. Amazingly, Le isn’t blaming his failed drug test on inept doctors or tainted supplements. Instead, his team is arguing that the procedures used by the UFC’s independent testing were suspect, and not as reliable as the World Anti-Doping Agency‘s methods. Here’s the official statement that Le and Ibarra released yesterday:
Cung Le Statement Regarding Positive hGH Test at UFC Fight Night, Macao, China
San Francisco – October 2, 2014 Gary Ibarra, Cung Le’s manager, confirmed the UFC’s statement regarding the failed hGH test results of Cung Le collected post-fight at UFC Fight Night, Macau China on August 23rd. In response to the UFC’s recent statement regarding Cung’s drug test results, our client would like to release this statement.
“I was completed surprised at the results of my recent drug test. I was informed by the UFC that I passed my pre and post-fight drug test as well as the majority of the blood tests with the only abnormality being an elevated level of hGH being determined to be present. 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. 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. ”
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. 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, 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. 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. The WADA regulations also state that:
“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.”
There is a reason why hGH is still not tested for in all major sports leagues, the tests that exist are unreliable and present many opportunities for inaccuracy for a multitude of reasons. As was stated in the UFC’s press release in regards to our client, the results of the testing they conducted showed an elevated level of hGH, but as WADA states, the possibility for incorrect results are more than probable when testing for elevated levels of hGH especially when a non-WADA approved lab is used.
Cung Le has been a professional martial artist for over 20 years and has always conducted himself with honor showing a deep respect for his supporters and opponents, to have him made a public example based on suspect testing procedures conducted by a lab unfamiliar with the WADA rules is irresponsible. With the results of such testing having such a powerful effect on athletes reputations and futures we believe it would be better served to have future testing conducted by a WADA approved laboratory that knows and follows the established procedures to the letter so as to ensure something like this doesn’t happen again. Cung is extremely disappointed at the results of the test and that the UFC would make such an unprecedented decision to extend his suspension from 9 to 12 months when the testing procedures remain unclear.
*****
We’ll update you if Cung Le’s argument earns him a reduced sentence. It actually sounds like he’s got a decent case, and it raises a very important question: Is the UFC’s new push towards overseeing its own random drug testing credible or not? Shouldn’t the promotion rely on a truly independent testing body that 1) has no financial interest in who gets busted and when, and 2) uses the highest standards for testing?
Tuesday’s decision by the Ultimate Fighting Championship to rescind a suspension handed down to 
