The following is a transcript of the report of the USADA regarding LifeWave Energy Patches from August 9, 2004

United States Anti-Doping Agency United States Anti-Doping Agency 2550 Tenderfoot Hill Street, Suite 200 Colorado Springs: Colorado 80906-7346 Phone: 719-782000 Fax: 719-785-2001 usada@usantidoping.org Board of Directors Ralph Hale, MD, Chair Richard Cohen, MD, Vice Chair Barry Axelrod, Treasurer Kate Hendrickson Borg, Secretary Evelyn Ashford Peter Breen, ATC/L, MSPT Lawrence Brown, MD, MPH Jean Fourcroy, MD, PhD, MPH Andrew Mecca, Dr. PH, MPH  Via Facsimile and Overnight Delivery August 9, 2004 Cornel Marculescu Executive Director Federation Interantionale De Natation Av. De I' Aventa-Poste 4 1005 Lausanne Switzerland   ChuckWielgus   Executive Director   USA Swimming   One Olympic Plaza   Colorado Springs, CO 80909  Dear Mr. Marculescu and Mr. Wielgus, As you may know, in mid-June 2004, the United States Anti-Doping Agency ("USADA") was informed that certain swimmers associated with the women's swimming program at Stanford were wearing "patches" during practice and competition. USADA was also informed that some of these "patches" had been tested by a private laboratory and allegedly showed the presence of a prohibited substance. As you know, USADA was requested to look into the information provided to it concerning these "patches." First, upon initially learning that swimmers were using these patches, which were alleged to contain prohibited substances, USADA conducted targeted, out-of-competition, no-notice testing on athletes associated with the Stanford women's program. USADA tested several athletes believed to be wearing the patches and they tested negative. Additionally, these athletes were also subject to regular in-competition testing and none of the swimmers have tested positive. Additionally, USADA was provided two separate sets of patches. USADA forwarded these patches for testing to the World Anti-Doping Agency ("WADA") accredited laboratory at the University of California at Los Angeles ("UCLA Laboratory"). The first set of "patches" received by USADA apparently came from the same set as those that the swimmers were wearing at the 2004 U.S. Olympic Trials. The second set received by USADA was from the set of patches collected from the swimmers in early April 2004. USADA has no independent evidence that the patches came from any other source than as reported to it. 1 The UCLA Laboratory conducted a thorough scientific analysis on both sets of patches. The UCLA Laboratory analysis utilized gaschromatography/mass-spectrometry methods which are among the most sophisticated and sensitive in the detection of prohibited substances. The UCLA Laboratory reports that none of the patches, which it received from USADA, contained any substance on the prohibited list. Importantly, these test results are necessarily limited to only the patches tested and should not be interpreted to suggest that any other patches are free of prohibited substances. Lastly, USADA has been in contact with the private laboratory which supposedly tested patches provided to it by a third party. This laboratory, after conducting an internal search, has no record of performing testing on any patches and states unequivocally that it does not perform this type of testing. We have received and analyzed a fax cover sheet and a typed, unsigned paragraph reporting to be the test results of the patches performed by this private laboratory. The private laboratory which supposedly generated this report and fax cover sheet denies that the report and the fax cover sheet originated at its laboratory.2 USADA has been unable, despite repeated efforts to fully identify or contact the third party who supposedly provided the patches directly to this private laboratory. At this time, following extensive information gathering including target testing, independent laboratory analysis and investigating the alleged positive laboratory report, USADA does not have any credible information to support that the patches provided to it contain any prohibited substances. Likewise, USADA has no credible evidence to believe that the use of the patches by the swimmers associated with the Stanford women's swimming program was a violation of any anti-doping rules. Importantly, USADA warns all athletes, including your swimmers, that they are strictly responsible for everything that goes into their body by whatever means. USADA encourages TINA and USAS to continue to take affirmative steps to ensure that your swimmers are adequately warned of the dangers of supplements. As you know, all products in the US, falling under the Dietary Supplement Health and Education Act ("DSHEA") including vitamins, minerals, herbs, amino. Acids, and other supplements regardless of their form or administration (powder, liquid, cream, transdermal administration) are not adequately regulated and often domain unlisted prohibited substances which may result in doping violations. If you have any questions or concern, please feel free to contact me. Travis T. Tygart Director of Legal Affairs   cc:      Terry Madden, CEO, USADA                  Jeff Benz, General Counsel, USOC 1 None of the patches received by USADA had any identifying marks, packaging, or brand names on them. 2 The fax cover sheet and letterhead of the private laboratory is not the same as that or the alleged test result.