21 CFR Part 312 · Investigational New Drug Application

§ 312.7 Promotion of investigational drugs

Subpart A - General Provisions Official text on eCFR Amendment history

(a) Promotion of an investigational new drug. A sponsor or investigator, or any person acting on behalf of a sponsor or investigator, shall not represent in a promotional context that an investigational new drug is safe or effective for the purposes for which it is under investigation or otherwise promote the drug. This provision is not intended to restrict the full exchange of scientific information concerning the drug, including dissemination of scientific findings in scientific or lay media. Rather, its intent is to restrict promotional claims of safety or effectiveness of the drug for a use for which it is under investigation and to preclude commercialization of the drug before it is approved for commercial distribution.

(b) Commercial distribution of an investigational new drug. A sponsor or investigator shall not commercially distribute or test market an investigational new drug.

(c) Prolonging an investigation. A sponsor shall not unduly prolong an investigation after finding that the results of the investigation appear to establish sufficient data to support a marketing application.

Independent copy, not an official legal edition. 21 CFR is a U.S. Government work in the public domain; this text comes from the eCFR and the annual CFR edition, and may lag recent amendments. The authoritative version is on ecfr.gov. Compliome is not affiliated with or endorsed by FDA. Not legal advice.

What FDA inspectors cite under § 312.7

Form FDA 483 observations citing this section, fiscal years 2009–2024 (Bioresearch Monitoring).

  • Commercial distribution of an investigational drug 2
  • Promotion of Investigational Drug 1

Warning letters citing § 312.7

8 FDA warning letters since 2017 cite this section :

FDA guidance that cites § 312.7

Amendment history

Federal Register documents that created or amended this section.