21 CFR Part 312 · Investigational New Drug Application

21 CFR 312.7

Promotion of investigational drugs

21 CFR 312.7 is the regulation titled “Promotion of investigational drugs” in 21 CFR Part 312, Investigational New Drug Application. Since 2021, 6 FDA warning letters have cited it.

Letters citing it
6 since 2021
Jan 1 to Oct 30, 2026
0 against 0 on the same dates in 2025
Most often cited with
21 CFR 312.2, in 4 letters
Closed out
33% of these letters have a published close-out
See the 6 letters citing 21 CFR 312.7 →

Letters citing it, by year issued

Most are drug letters (5 of 6). 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 32021
  2. 12022
  3. 22023
  4. 02024
  5. 02025
  6. 02026

The regulation

Read the text of 21 CFR 312.7 (eCFR, as of Sep 1, 2026)

(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.

[52 FR 8831, Mar. 19, 1987, as amended at 52 FR 19476, May 22, 1987; 67 FR 9585, Mar. 4, 2002; 74 FR 40899, Aug. 13, 2009]

Text from eCFR as of Sep 1, 2026.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 312.7.

Latest letters citing it

The 3 letters citing 21 CFR 312.7 that FDA posted most recently.

See the 6 letters citing 21 CFR 312.7 →
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