23 counts dismissed in Colorado Springs steroid pharmacy case.

A former owner of a Colorado Springs pharmacy had his conviction of improperly prescribing human growth hormones to children thrown out by a judge.

A federal judge on Thursday dismissed 23 counts of Thomas Bader's February conviction, saying there are approved uses for HGH in children and that Bader had no way of knowing whether doctors were using it properly.

Bader will be sentenced June 10 on the remaining eight charges that include smuggling, and illegal importation of the hormone. Prosecutors say that while Bader owned and operated College Pharmacy he imported the substance that was not approved by the Food and Drug Administration.

Bader plans to appeal his conviction and forfeiture of $4.8 million in assets, including the land where the pharmacy was located.

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