The Federal Trade Commission has granted a request to withdraw charges and sanctions against trainer Chris Hartman, related to an acepromazine positive by Necker Island after the 2023 Mighty Beau Stakes.

Under Wednesday’s order, signed by FTC administrative law judge Dania Ayoubi, Hartman’s fine and sample testing costs will be reimbursed, two HISA penalty points will be revoked and Ellis Park will be directed to distribute purses according to the original order of finish. This ruling was previously reported by Thoroughbred Daily News.

In a test after Necker Island won the June 18, 2023 race, he tested positive for a metabolite of acepromazine. After going through the Horseracing Integrity & Welfare Unit arbitration process, Hartman was fined $1,000 and suspended 15 days, and the horse was disqualified.

Hartman and Necker Island’s ownership, Wayne Scherr and his brothers (who race as The Scherr Boys), continued to appeal the case after arbitration. They argued that, among other defects, the laboratories that performed the testing failed to isolate the metabolite they claimed to have found. Both the A sample laboratory, at the University of Kentucky, and the B sample laboratory, at the University of Illinois Chicago, have had their accreditation revoked by the Horseracing Integrity and Safety Authority.

Acepromazine, often called by the colloquial name Ace, is a sedative. A controlled substance under Horseracing Integrity & Welfare Unit rules, it is often used to calm horses during transportation or medical treatments. It is not controlled in out-of-competition or normal post-workout testing, but is controlled in the context of post-race testing or working off the vet’s list.