Investigation of Ontario Capsaicin Positives Continues

A cluster of positive tests for the prohibited drug capsaicin in horses in Ontario has led to changes in testing procedures for the substance in the province but has left some of the trainers involved confused and frustrated over the entire ordeal as they appeal the rulings.

Since June, more than 20 horses have tested positive for capsaicin, the active ingredient in chili peppers that is classified as a Class 2 drug by the Racing Commissioners International Uniform Classification Guidelines for Foreign Substances 2020.

As a result of the positives, the Alcohol and Gaming Commission of Ontario initiated against the trainers and horses involved while it conducted an investigation into the possible source that led to the positive tests.

"Investigations by (provincial regulatory bodies) have revealed multiple possible sources for the positive tests, including trainers feeding cayenne pepper and capsaicin-contaminated supplements. However, the use of anti-chewing and cribbing products poses a low risk of causing a positive test for capsaicin.

"PRB investigations have also revealed the undeclared presence of capsaicin in various regulated and unregulated supplements," the ruling continued. "Therefore, the (Canadian Pari-Mutuel Agency) has adjusted its testing criteria for capsaicin to reduce the likelihood that these products will cause a positive test result."

None of the trainers involved have been fined or suspended. The horses that tested positive, however, were ordered "unplaced" with all purse monies redistributed. The rulings state that while no action will be taken against the trainers due to the extenuating circumstances, the AGCO is unable to retroactively apply the adjusted testing criteria, so the revised placement and forfeitures of purse money will stand.

In July, the AGCO issued a memorandum alerting the industry to the rash of capsaicin positives, noting that it was extending its usual 15-day investigative period for positives in an effort to determine the source of the substance that suddenly began triggering the positive test results.

The first alert about the possibility of capsaicin in products being administered to horses in Canada came in September 2019 from the CPMA, which stated:

"Capsaicin is a prohibited substance in Canada due to its painkilling properties. Veterinary products containing capsaicin are not approved for use in Canada. Products containing capsaicin should not be administered in a racehorse. Capsaicin is an extract from chili peppers that can be found in topical creams available over the counter in pharmacies. Capsaicin can be detected in official samples and may result in a positive test."

Although no fines or suspensions were meted out to the trainers, some are not satisfied with the status of their cases, particularly since the positives will be on their records, the sources of the capsaicin remain unknown, and the sanctions against the horses, including loss of purses, remain. Some have retained legal counsel and appealed the decisions to the Horse Racing Appeal Panel.

"They didn't do anything wrong, so it has been a travesty that they've been put through this," Sue Leslie, the president of the Horsemen's Benevolent and Protective Association of Ontario that is assisting some of the trainers in their appeals, told the Toronto Sun. "It's a horrible thing for a trainer when they get a positive. Most of these guys have been around for a long time, and they have clean records. So from an integrity and pride point of view, they don't like the fact that they've been accused of doing something wrong when they didn't do anything wrong."

Michael De Paulo is one of those trainers with a spotless record over a career spanning more than 40 years. His trainee Kid Forester was one of the first horses to test positive for capsaicin following a second-place finish in the ninth race at Woodbine June 7.

He does not believe the positives should be on the trainers' records and said the races' finish orders and purses should stand. De Paulo said the AGCO told the trainers that if they had another positive test for anything other than capsaicin, that would be considered a first offense, notwithstanding the current positive. A second capsaicin positive would be considered a second offense, he said trainers were told.

A spokesman for the AGCO said the rulings speak for themselves and "additional commentary is inappropriate." 

"We don't know how it got into our horse's system," De Paulo said, adding that he does not use some of the products identified by the regulators as possible sources of the capsaicin. "You don't want to have a positive on your record, and you definitely don't want two. It's a Class 2 drug with a fairly hefty (suspension). It could be contamination of some kind; it could be in the feed as an appetite stimulant. How do you defend yourself from that?"

De Paulo said the loss of purse money is costly.

"In my case, I lost $9,200, and it was my horse, which is kind of nice since I don't have to explain it to an owner," he said. "They didn't fine us and they didn't suspend us, but it's a bit of black eye, and we don't need that in our sport."

Frank Roth, an attorney representing eight of the trainers appealing the rulings, said his clients are seeking to have their records cleared and also restoration of the lost purses, particularly considering the questions about the source of the capsaicin and that there was no indication that the trainers knew the substance was in the horses' systems.

"The appeal is of both the findings of a positive in relation to the trainer and the recording of that on your record. And secondly, of course equally important, is the loss of the purse," Roth said. "This type of finding, if left unappealed and not rectified, may well lead to some incorrect views of my clients' behavior, and I want that changed and certainly the loss of the purse is a penalty. You can't simply say there is no money penalty when you lose a purse of any size."

Roth said the appeals process will last into early 2021 and that he is looking forward to presenting his clients' cases to the HRAP.

"It's a fair body that looks at all matters factually and makes decisions accordingly," Roth said. "I look forward to the appeal, and we hope my clients' issues will be clarified and (the outcome will be) what they want it to be. It's in more of an investigatory stage at this point. The cause of this group of findings is still uncertain. It's kind of a ubiquitous product and no one specific source I am aware of. There is so much investigation to be had."