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https://en.wikipedia.org/wiki/Alain_Baxter#Urine_tests
"He had been unaware that the contents were different from those found in the UK version"
So presumably he didn't have a TUE or he didn't have a TUE for the version with the banned shit in it. Different situation.
Really?
You can have an infection in say your arm that requires medication. The medication is on the banned list but it'd really sort out your arm problem. The arm issue doens't stop you racing.
Or TUEs for legit asthma or any number of reasons.
http://www.telegraph.co.uk/sailing/2016/09/16/i-am-not-ashamed-of-getting-an-therapeutic-use-exemption-but-the/