HIWU Issues Horsemen's Advisory After Rebuke In Greiner Case

In light of pointed criticism aimed at the Horseracing Integrity and Welfare Unit (HIWU) by an arbitrator in a recent case, the drug enforcement arm of the Horseracing Integrity and Safety Act (HISA) has issued a horsemen's advisory on a supplement called Easywillow, along with broader recommendations for horsemen and women about their use of supplements.

Earlier this month, trainer Gary Greiner was banned four months and fined $1,000 after he was found in possession of a dietary supplement containing a banned substance in June of last year, as per last week's TDN weekly rulings.

At the time of last week's weekly rulings, there were no further details publicly available on the case. Since then, the final ruling in the case has been issued. It includes a rare rebuke by the case arbitrator, Barbara Reeves, of the way HIWU failed to alert stakeholders of a widely-promoted supplement that might potentially put them at risk of a drug positive.

On June 10 last year, HIWU investigators conducted a search of Greiner's Emerald Downs barn, and found an 18.4-pound bucket labeled EasyWillow Soreness and Stiffness Powder Horse Supplement, a product widely promoted across racetracks as containing natural ingredients.

The supplement lists Kava Kava as an active ingredient, and Kava Kava (or just Kava) is another name for Piper Methysticum, a banned substance.

Greiner contended that the supplement was used for the ponies stabled in his barn, and not his racehorses. But in effect, because the product was found in his barn, he was liable for possession charges of a banned substance.

Reeves, however, took issue with HIWU's handling of the case which ultimately led to Greiner receiving a reduced four-month ban as opposed to a possible two-year suspension.

According to Reeves, HIWU first became aware that EasyWillow contained a banned substance shortly before Greiner's barn was searched, but the agency failed to alert industry stakeholders of this fact.

“Eight days before the search, HIWU notified the investigators to 'be on the lookout' for EasyWillow. Notwithstanding that EasyWillow had been promoted at racetracks and was being sold at the Emerald Downs tack shop, HIWU did not alert racetracks, owners or trainers. HIWU remained silent,” wrote Reeves.

“HIWU apparently considered the discovery important, because it alerted its investigators to 'be on the alert for 'EasyWillow.' Alerting racetracks, trainers and owners at the same time would have been in furtherance of HIWU's declared goals of industry education and outreach, and to enhance the safety and wellbeing of Covered Horses and racing participants while ensuring the integrity of the sport,” Reeves wrote.

In her ruling, Reeves also outlines a sequence of events that would have made it difficult for Greiner to determine whether or not EasyWillow contained prohibited substances.

“If one were to manually read the HISA list of prohibited substances, Kava Kava is not listed under “k.” Nor is kava,” wrote Reeves.

“If one were computer sophisticated enough to search the HISA regulations online and the downloadable pdf link there provided, https://hisaus.org/regulations, for 'Kava Kava,' the ingredient listed in the EasyWillow ingredients on the container, nothing shows up. If one searches for 'kava,' Piper Methysticum shows up.

“If one uses the online 'HISA Controlled & Banned Substances Lookup' tool, https://www.hiwu.org/substances, to search for 'Kava Kava,' the response is 'Irbesartan,' a name that was not mentioned in HIWU's briefing or testimony, and indeed never mentioned in this case at all. If one searches for 'kava,' the search returns both Irbesartan and Piper Methysticum,” Reeves wrote.

“The Arbitrator finds that this is confusing to the average reasonable horse trainer,” Reeves ultimately concludes.

Along with Tuesday's horsemen's advisory, HIWU also issued a response Monday to the latest question in TDN's “ASK HISA” series. The question concerned frustration among international participants of what they view as a lack of clear guidance over what supplements are permissible when they ship into U.S. shores.

HIWU's response to that question can be read here.

HIWU's Horsemen's Advisory:

In recent months, HIWU has adjudicated multiple cases under HISA's Anti-Doping and Medication Control (ADMC) Program in relation to the dietary supplement Easywillow. Easywillow's ingredient label lists Kava Kava, which is an explicitly named S0 Banned Substance under its other names, Kava and Piper Methysticum.

As a courtesy to horsemen and veterinarians, please be reminded of regulations and resources regarding the use of dietary supplements:

While the ADMC Program does permit the possession and use of dietary supplements such as vitamins, minerals, herbs, and homeopathic products, horsemen and veterinarians use these products at their own risk. Dietary supplements manufactured in the United States or elsewhere are not regulated or evaluated by the FDA for safety, purity, stability, potency, or efficacy prior to their sale.

HISA and HIWU do not approve, certify, or endorse dietary supplements or other feed products as being permitted under the ADMC Program. However, HIWU offers resources for horsemen and veterinarians to help them feel more confident in the products that they give to their horses:

HIWU's substance lookup tool, available at hiwu.org or via the HIWU app, can be used to search for individual ingredients listed on a product's label; supplement product names are not included.

Horsemen and veterinarians should be aware that the absence of a specific ingredient name in the lookup tool / on the Prohibited List does not guarantee that the ingredient is not a Prohibited Substance. For example, Prohibited Substances like Kava Kava may go by or be sold under multiple names. HIWU continually updates the lookup tool to reflect new substance names but cannot guarantee that the tool is exhaustive of every possible option.

When in doubt, HIWU's Science team can confirm whether or not a product's ingredient label lists any Prohibited Substances. Please note that HIWU's confirmation of the absence of Prohibited Substances on the label does not guarantee the absence of Prohibited Substances in the product itself, for HIWU has sent supplements for testing that came back positive for Prohibited Substances that were not listed on the label.

Additional resources are available on the HIWU website:

Dietary Supplements- What You Should Know

What's the Scoop on Dietary Supplements? 

By applying caution and conducting due diligence before purchasing or using dietary supplements, horsemen can ensure that they are doing their best to minimize the risk of unintentionally exposing their horses to Prohibited Substances.

For questions or to get in touch with HIWU's Science team, please contact sciencesupport@hiwu.org.