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The 1990 Act also amended 21 U.S.C. § 333(e)(1) to explicitly criminalize as a five-year felony the distribution and possession, with intent to distribute, of human growth hormone "for any use . . . other than the treatment of a disease or other recognized medical condition, where such use has been authorized by the Secretary of Human Services . . . and pursuant to the order of a physician . . . ."[FN6] Pub.L. No. 101-647, title XIX, § 1904 (codified at 21 U.S.C. § 333(e)(1) (1992)).
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http://www.usdoj.gov/usao/eousa/foia...4/civ00019.htm
The Secretary of Human Services has not approved hGH for treatment of elbow injuries. Pettitte's actions were illegal.
Uniform Player's Contract, incorporated explicitly as a part of the Basic Agreement:
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3.(a) The Player agrees to perform his services hereunder diligently
and faithfully, to keep himself in first-class physical condition and to
obey the Club’s training rules, and pledges himself to the American
public and to the Club to conform to high standards of personal conduct,
fair play and good sportsmanship.
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Use of illegal hGH breaches Article 3.(a) of any MLB player's contract, including Andy Pettitte's.
Pettitte's actions were wrong. Furthermore, his statement that hGH use was permitted is wrong: its explicit inclusion in 2005 prohibited its scheduled use, but the Basic Agreement already [s]permitted[/s] prohibited its illegal use.