The IRB process he described did not have a sophisticated understanding of the ethical risks of research. It imposed arbitrary and useless rules on an experiment with few if any risks.
You might argue that there was risk to the patients in the one part of the procedure that was different than what they would experience anyway - the actual asking for consent - but if so, what would you propose doing about it?
You have made a straw man out of this one case, and are defending it with all the dogma displayed by this IRB.