21 CFR Part 812

Who is liable in a US IDE study? Sponsor, CRO and manufacturer responsibilities

Under 21 CFR 812.18(a), the sponsor named on the IDE carries Part 812 accountability for the study. A CRO performs delegated work, but FDA's own compliance program states Part 812 does not provide for transfer of sponsor obligations to a CRO. The manufacturer keeps product and quality system responsibility. When the manufacturer is foreign, a US person must be that sponsor.

The Rule

What 21 CFR 812 Actually Requires

A company outside the United States cannot itself sponsor an FDA IDE study; a US person must act as sponsor and carry every sponsor obligation in Part 812.

"In addition to complying with other requirements of this part, a person who imports or offers for importation an investigational device subject to this part shall be the agent of the foreign exporter with respect to investigations of the device and shall act as the sponsor of the clinical investigation, or ensure that another person acts as the agent of the foreign exporter and the sponsor of the investigation."

21 CFR 812.18(a). Read the full section on eCFR →

"The term 'sponsor' also refers to any entity to whom one or more of the obligations of the sponsor has been transferred in writing."

FDA Compliance Program 7348.810, Sponsors, Contract Research Organizations and Monitors. Read the compliance program →

Part 312, the parallel framework for drug studies, lets a sponsor transfer any or all obligations to a CRO in writing under 21 CFR 312.52; Part 812, the device framework this page covers, has no equivalent transfer provision, so an obligation never specified in writing stays with the sponsor regardless of who performed the work.

Who Carries What

Three Parties

The Sponsor

What FDA can do to the sponsor
A Form 483 observation, a warning letter, IDE disapproval or withdrawal of approval, or sponsor disqualification. The sponsor is the named party FDA holds accountable for the study record.
The UADE clock
An unanticipated adverse device effect must be reported to FDA and all reviewing IRBs within 10 working days of the sponsor first learning of it (21 CFR 812.150(b)). That clock runs against the sponsor, not the CRO.

The CRO

What can be delegated
Investigator selection logistics and agreement paperwork under 812.43, and monitoring visits and compliance tracking under 812.46, can be performed by a CRO under a written agreement.
Why it is not the accountable party
21 CFR 812.3(n) lets a sponsor transfer specific obligations in writing, but an obligation never documented as transferred stays with the sponsor. Performing tasks is not the same as holding the designation.
What a sound CRO agreement states
Exactly which obligations transfer, in writing, obligation by obligation, so neither party has to guess who answers to FDA for a given task.

The Manufacturer

Device quality and labeling
Investigational devices must carry FDA required investigational use labeling under 812.5, and the manufacturer may not promote, test market, or commercialize the device as though already cleared or approved under 812.7.
Records the sponsor needs from it
Device shipment and disposition records, complaint and nonconformance information, and prompt notice of any known device issue so the sponsor can evaluate it for UADE reporting on time.

The Split

Responsibility Split: Accountability Versus Execution

Accountability to FDA for an obligation stays with the sponsor of record. Execution of a task can be assigned by written agreement. The table below marks both.

Obligation Sponsor (Accountable) CRO (Delegable Execution) Manufacturer
IDE application & supplements (812.20, 812.35) Signs and files; accountable for accuracy May draft or compile under written transfer Supplies device and technical data
Investigational plan & prior investigations (812.25, 812.27) Accountable for the plan FDA reviews May author under written transfer Supplies preclinical and device data
Investigator selection & signed agreements (812.43) Accountable for the qualification judgment May manage agreement paperwork and logistics Not applicable
Monitoring & UADE evaluation (812.46) Accountable for the halt decision and evaluation May perform monitoring visits Reports known device issues to the sponsor
Informing investigators (812.45) Accountable for keeping investigators current May distribute materials Supplies current investigator brochure content
Labeling & promotion prohibition (812.5, 812.7) Accountable for compliance Not applicable Executes labeling; controls promotion
Records & reports to FDA (812.140, 812.150) Accountable as the named party May maintain records under written transfer Supplies device disposition and complaint data
UADE report within 10 working days (812.150(b)) Accountable duty holder for the clock May draft the report Notifies the sponsor of known issues promptly

A Note on Insurance and Indemnity

Insurance and Indemnity, in Plain Terms

A sponsor of record typically carries clinical trial liability coverage sized to the study it names. A manufacturer typically indemnifies the sponsor for defects in the device itself, separate from the sponsor's own conduct of the study. A mail drop agent will not accept the sponsor role precisely because underwriters price the coverage against the oversight actually exercised, not against an address. This is not legal advice; consult counsel on the specific insurance and indemnity terms for your study.

The Three Structures

How a US Sponsor of Record Is Put in Place

A non US manufacturer has three structures available to satisfy 21 CFR 812.18(a):

ADB Consulting and CRO Inc. acts as the US sponsor of record under 21 CFR 812.18(a) for non US medical device companies conducting IDE studies, from $2,495 initiation for non-significant-risk studies and from $3,500 initiation for significant-risk studies, with an optional $4,500 Sponsor Readiness Assessment credited in full within 90 days for sponsors who want a scoping review first.

See the full US Sponsor of Record tier structure → · Use the decision tool → · Download the obligations checklist →

Common Questions

Frequently Asked Questions

Can a CRO take over sponsor obligations?

Yes. 21 CFR 812.3(n) lets a sponsor transfer specific obligations to a contract research organization in writing, but unless every obligation transfers, the sponsor remains legally accountable for the rest. ADB can serve as the full named sponsor of record, not just a delegated functions vendor.

Who does FDA inspect when a CRO runs the study?

FDA inspects the sponsor of record named on the IDE application, not merely the CRO performing delegated tasks. An obligation never documented as transferred in writing stays with the sponsor regardless of who executed it operationally.

What happens to the IDE if the sponsor withdraws?

Withdrawal of sponsor approval is itself a reportable event under 21 CFR 812.150(b). The study cannot continue without a new sponsor accepting the full obligation set, and FDA and all reviewing IRBs must be notified of the withdrawal.

Reviewed October 18, 2026 by ADB's regulatory team.

Further Reading

US Agent vs US Sponsor of Record: Which One Does a Foreign IDE Sponsor Actually Need? → · 21 CFR 812.20 Sponsor Responsibilities, Explained →

Need a Named Sponsor in Place?

Talk to the Clinical & IDE Practice

For a scoping review of your specific study, start with the Sponsor Readiness Assessment on the US Sponsor of Record page, or reach the practice group directly.