Singh’s attorneys made the request to WADA as part of his ongoing lawsuit against the Tour which stemmed from his suspension, which was later rescinded, for his use of the Ultimate Spray, which contains a substance (IGF-1) that is banned by the circuit’s anti-doping policy.
Although the Tour objected to Singh’s request for information from WADA on procedural grounds, claiming the motion is an attempt to “recast his theory of the case,” the legal wrangling is curious considering that some observers initially suggested Singh should have sued WADA, which creates the banned list used by the Tour and many other sports.
Singh’s suspension was lifted following an 11th hour review by WADA that concluded the use of the Ultimate Spray was not a violation of the anti-doping policy without a failed drug test. Singh has never failed a drug test.
“The suggestion that Singh alleged that the PGA Tour relied on WADA’s banning of the (Ultimate Spray) is, at best, disingenuous. As the PGA Tour knows without a doubt – but attempts to mislead the court about – WADA does not ban products, like the (Ultimate Spray), but only substances, like IGF-1,” Singh’s lawyer Jeffrey Rosenblum wrote in a brief which was filed on Friday.
WADA’s “prohibited list” does not include specific products, like the Ultimate Spray, but the agency – as well as the Tour, NFL and Major League Baseball – has warned athletes that using the Spray could result in a positive test.
Judge Eileen Bransten is scheduled to hear arguments over the current motion on Wednesday in New York Supreme Court.