Friday, 5 June 2009

Suits you, sir

FINA (the Fédération Internationale de Natation), essentially the main international swimming federation, is facing legal action after swimwear brand blueseventy expressed concerns about FINA's bodysuit tests, which led to the banning of several blueseventy suits due to air trapping (which apparently gives the suits more buoyancy). Notwithstanding arguments about the testing procedure and the meaning of 'air trapping', blueseventy are especially concerned about having lost a month's worth of business already due to the ban, and about the impending World Championships from which the aforementioned suits could well be absent unless the company's products are reinstated into swimming. How could such a situation arise in the first place? Surely the company must have taken into account the rules concerning 'air trapping' during its product R&D phase? Was the product tested, and how did it perform? Were the tests used by the manufacturer different to those that are used by FINA? And how is FINA defining, quantifying and measuring 'air trapping'? Is measurement possible and, if so, how is it carried out? Is it a precise science or something that has gross margins of error? With millions of pounds presumably invested in the product, should blueseventy have the right to litigate against FINA if it is proven that FINA has made an incorrect, inaccurate or careless ruling? In which case, how might one calculate the damage to short-term profit and long-term brand health? And what are the lessons here for other sports, where governing bodies could enforce a ruling which is subsequently overturned? Should individuals, teams and clubs and sports be able to readily and freely litigate against the governing body, or would this be against the spirit and morality of sport?

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