FDA warning letter · Drugs

Americo F. Padilla, M.D.

Issued · Posted by FDA

Selected passages from the FDA letter

Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.

Passage 1

You failed to obtain informed consent in accordance with the provisions of 21 CFR part 50 [21 CFR 312.60; 21 CFR 50.20; 21 CFR 50.27; 21 CFR 50.52; 21 CFR 50.55].

Passage 2

You failed to adhere to these requirements. Protocol **(b)(4)** was a clinical trial involving children and adolescents, ages ≥6 to <18 years. The IRB determined that Protocol **(b)(4)** was a research study that meets the criteria found in the risk category described in 21 CFR 50.52. As a result, you were required to obtain the permission of a parent or guardian, which must be documented in accordance with and to the extent required by 21 CFR 50.27.

Passage 3

You failed to obtain legally effective written consent from two subjects before their enrollment in Protocol **(b)(4)**, because you did not obtain permission from the subjects’ parent or guardian before the subjects’ enrollment in the study. Specifically:

Citations in the original letter

As cited in this historical letter, not a statement of current regulatory requirements.

  • 21 CFR 312.60
  • 21 CFR 312
  • 21 CFR 50.27
  • 21 CFR 50
  • 21 CFR 50.20
  • 21 CFR 50.52
  • 21 CFR 50.55
  • 21 CFR 50.23
  • 21 CFR 50.24
  • 21 CFR 50.52(c)
  • 21 CFR 50.55(f)
  • 21 CFR 56.109(c)