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The FTC offered the example of a pharmacy excluding regular customers for a special promotion for over-the-counter medications or weight-loss supplements under the assumption that those customers are likely to buy those products anyway.

But DeCarli said there have been some encouraging advances, including medication that can help slow the progression of cognitive decline, and improved diagnostics that can lead to earlier intervention.

"He also has heart medication which has to be administered in school," she said.

Investigators also raised concerns with due process, flagging reports that detainees could not meaningfully participate in court hearings because staff had not given them prescribed medication or other needed treatment.

The source of all the trouble was a medication called betamethasone, which Baffert has steadfastly argued was administered in an ointment for a rash on Medina Spirit’s hindquarters.