21 CFR Part 812 · Investigational Device Exemptions

21 CFR 812.40

General responsibilities of sponsors

21 CFR 812.40 is the regulation titled “General responsibilities of sponsors” in 21 CFR Part 812, Investigational Device Exemptions. Since 2021, 3 FDA warning letters have cited it.

Letters citing it
3 since 2021
Jan 1 to Oct 30, 2026
1 against 1 on the same dates in 2025
Most often cited with
21 CFR 812.46, in 2 letters
Closed out
0% of these letters have a published close-out
See the 3 letters citing 21 CFR 812.40 →

Letters citing it, by year issued

All are medical device letters. 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 02021
  2. 02022
  3. 02023
  4. 12024
  5. 12025
  6. 12026

What FDA writes when it cites it

The finding headings that cite 21 CFR 812.40 most often, as written in the letters.

  • 1 letterFailure to ensure proper monitoring and Institutional Review Board (IRB) review and approval [21 CFR 812.40]
  • 1 letterFailure to ensure proper monitoring of the investigation [21 CFR 812.40]
  • 1 letterFailure to ensure proper monitoring of the investigation and failure to secure clinical investigator’s compliance with investigational plans [21 CFR 812.40, 21 CFR 812.46(a)]

The regulation

Read the text of 21 CFR 812.40 (eCFR, as of Sep 1, 2026)

Sponsors are responsible for selecting qualified investigators and providing them with the information they need to conduct the investigation properly, ensuring proper monitoring of the investigation, ensuring that IRB review and approval are obtained, submitting an IDE application to FDA, and ensuring that any reviewing IRB and FDA are promptly informed of significant new information about an investigation. Additional responsibilities of sponsors are described in subparts B and G.

Text from eCFR as of Sep 1, 2026.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 812.40.

Latest letters citing it

The 3 letters citing 21 CFR 812.40 that FDA posted most recently.

See the 3 letters citing 21 CFR 812.40 →
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