Human growth hormone does not fall under the Controlled Substances Act, but since 1990 the FDA says distribution of HGH or possession with the intent to distribute “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 Health and Human Services … and pursuant to the order of a physician” is a felony that carries a sentence of up to five years. However, Olshansky notes, “These anti-aging clinics aren’t slipping through the cracks, they’re flooding the sidewalks. It has become such a huge industry that the government just hasn’t been able to regulate it.”
A spokeswoman from the Marion County Prosecutors Office in Indiana said there are no criminal charges pending against the Guyer Institute or any individuals known to be connected with the clinic. Neither the FDA nor the DEA would comment on whether the Guyer Insitute is under investigation.
As with Howard and Zimmerman, the NFL players may have a hard time winning in U.S. court because of the law’s hefty burden of proof on public figures. However, a case might be made for Ashley Manning, who is arguably a private figure; under libel law a private figure must show only negligence, rather than malice or reckless disregard for the truth. (Ashley Manning’s public/private status is murky for several reasons, one of which is that she is a minority owner of the Memphis Grizzlies.) Fleischer said it was possible Ashley Manning would litigate.
