Ohio veterinarian Dr. Scott Shell was suspended for two years and fined $25,000 for giving 228 injections of a product called Hemo-15 to 37 horses between May 29 and October 19, 2023. .
Under the sanction from the Horseracing Integrity and Welfare Unit, the enforcement arm of the Horseracing Integrity and Safety Authority, he must also pay an additional $10,000 to cover arbitration costs.
Hemo-15 is a compound sold abroad that contains more than 16 ingredients, including iron salts (ammonium ferric citrate) and cobalt gluconate, that are advertised as having effects on erythropoiesis—the process of producing RBC export. The compound has not been approved by the U.S. Food and Drug Administration, and no product containing all the ingredients found in Hemo-15 has been approved by the FDA, according to the arbitration report on the case. issued by the JAMS Resolution Center in New York. .
The report also notes that Hemo-15 is not approved by any federal agency for veterinary or human use.
Shell, a veterinarian whose 37-year practice is concentrated in northeast Ohio, asserted during the hearing that Hemo-15 is not listed as a prohibited substance under HISA regulations. He also said that this is a vitamin or nutritional supplement so it does not need FDA approval. Shell said he reviewed HISA’s banned substances list and relied on a presentation by Dr. Mary Scollay, HIWU’s chief scientist, at Mahoning Valley Raceway in which she states that vitamins, because they do not require FDA approval, are not prohibited substances under HISA regulations.
In testimony, it was noted that Scollay never told anyone that Hemo-15 was “a vitamin” and she also noted that any vitamin-mineral sold as a medicine makes the claim treating a specific condition are considered prohibited substances.
Dr. Joseph Bertone, a former professor of equine medicine at the College of Veterinary Medicine, Western University of Health Sciences, and a former FDA veterinary medical officer, testified on behalf of Shell that Hemo-15 according to His views are of a legitimate nature. has been given to horses for decades, mainly to stimulate appetite or aid anemia. Vitamins are not used to diagnose or treat any medical condition, rather, they are used because they benefit overall health, Bertone testified.
Shell has confirmed that it understands that unapproved substances are prohibited for use and that the administration of such prohibited substances violates HISA Anti-Doping and Drug Control rules.
The arbitrator ultimately sided with the testimony of Dr. Lara Maxwell, professor of pharmacology at Oklahoma State University’s College of Veterinary Medicine, who demonstrated Hemo-15 was an “unapproved animal drug” and meets the definition of an unapproved, and therefore prohibited, substance under ADMC regulations.
Maxwell noted that foreign versions of Hemo-15 have been registered as pharmaceutical agents and sold with standard drug labeling, and that the FDA has directly expressed concerns about the use of injectable vitamins, including classifying them as “unapproved animal drugs”.
The arbitrator also found that Shell had proven its violation because he had accessed HISA educational materials, attended a seminar organized by Scollay but did not ask any questions about whether Hemo-15 is a banned substance or not, do not monitor any HIWU or. HISA official about compliance and paid little attention to the label on the product stating: “this is a synthetic drug. Not an FDA-approved or indexed drug.”
Shell self-reported its use of Hemo-15 and continued to report its administration on the HISA Portal after its initial filing on May 29, 2023. The arbitrator said it was concerned that There has been no action against Shell for nearly six months.
The report noted that there was no indication that Shell intended to commit fraud and that he honestly believed he was using a legal substance. Shell has never been fined or suspended before 2023.
“Dr Shell will no doubt take some solace in the fact that his report on the use of Hemo-15 did not attract any immediate concerns from HISA or HIWU,” the report stated.
