Abstract

Human milk is employed as a reference substance to assess the equivocal language defining the three tests (enhancement, health and violation of the Spirit of Sport) for prohibiting substances and methods under the World Anti-Doping Code (the Code). Human milk is demonstrated to be consumed by athletes with intent to enhance performance, presents a non-trivial risk to health, and violates the Spirit of Sport. The implications of prohibiting human milk under the Code demonstrate the increasing complexity and unintended (sometimes absurd) outcomes that arise from the implementation of the anti-doping ideology. The discussion focuses on two outcomes of the analysis. Firstly, the trade-off between administrative convenience and a workable drug control system for sport is considered (e.g. transparency versus decision latitude). Secondly, the discussion raises questions about the extent to which anti-doping policy makers consider third party harms with trading athletes and sporting interests relative to others individuals (e.g. babies) and society more broadly. The plausible prohibition of human milk under the Code indicates that a much closer examination of how best to manage performance enhancing technology in sport is needed, especially with regards to the influence of anti-doping beyond sport.

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