21 CFR Part 312 · Investigational New Drug Application

21 CFR 312.21

Phases of an investigation

21 CFR 312.21 is the regulation titled “Phases of an investigation” in 21 CFR Part 312, Investigational New Drug Application. Since 2021, 2 FDA warning letters have cited it.

Letters citing it
2 since 2021
Jan 1 to Oct 30, 2026
0 against 1 on the same dates in 2025
Most often cited with
21 CFR 211.100, in 1 letter
Closed out
0% of these letters have a published close-out
See the 2 letters citing 21 CFR 312.21 →

Letters citing it, by year issued

Most are drug letters (1 of 2). 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 02021
  2. 02022
  3. 02023
  4. 12024
  5. 12025
  6. 02026

The regulation

Read the text of 21 CFR 312.21 (eCFR, as of Sep 1, 2026)

An IND may be submitted for one or more phases of an investigation. The clinical investigation of a previously untested drug is generally divided into three phases. Although in general the phases are conducted sequentially, they may overlap. These three phases of an investigation are a follows:

(a) Phase 1. (1) Phase 1 includes the initial introduction of an investigational new drug into humans. Phase 1 studies are typically closely monitored and may be conducted in patients or normal volunteer subjects. These studies are designed to determine the metabolism and pharmacologic actions of the drug in humans, the side effects associated with increasing doses, and, if possible, to gain early evidence on effectiveness. During Phase 1, sufficient information about the drug's pharmacokinetics and pharmacological effects should be obtained to permit the design of well-controlled, scientifically valid, Phase 2 studies. The total number of subjects and patients included in Phase 1 studies varies with the drug, but is generally in the range of 20 to 80.

(2) Phase 1 studies also include studies of drug metabolism, structure-activity relationships, and mechanism of action in humans, as well as studies in which investigational drugs are used as research tools to explore biological phenomena or disease processes.

(b) Phase 2. Phase 2 includes the controlled clinical studies conducted to evaluate the effectiveness of the drug for a particular indication or indications in patients with the disease or condition under study and to determine the common short-term side effects and risks associated with the drug. Phase 2 studies are typically well controlled, closely monitored, and conducted in a relatively small number of patients, usually involving no more than several hundred subjects.

(c) Phase 3. Phase 3 studies are expanded controlled and uncontrolled trials. They are performed after preliminary evidence suggesting effectiveness of the drug has been obtained, and are intended to gather the additional information about effectiveness and safety that is needed to evaluate the overall benefit-risk relationship of the drug and to provide an adequate basis for physician labeling. Phase 3 studies usually include from several hundred to several thousand subjects.

Text from eCFR as of Sep 1, 2026.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 312.21.

Latest letters citing it

The 2 letters citing 21 CFR 312.21 that FDA posted most recently.

See the 2 letters citing 21 CFR 312.21 →
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