Texas sues Tylenol maker over link to autism
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Tylenol packages and caplets. Photo: Valerie Macon/AFP via Getty Images
Texas' attorney general sued the makers of Tylenol Tuesday, charging they deceptively marketed the painkiller while knowing its active ingredient increased the risk of autism and other disorders.
Why it matters: The state's involvement adds a new legal twist to the controversy stemming from President Trump's claims that there may be a connection between Tylenol use among pregnant women and autism in children.
- Professional associations including the American College of Obstetricians and Gynecologists and the American Academy of Pediatrics have found no proven link between acetaminophen use in pregnancy and neurodevelopmental disorders.
- Trump repeated the claim Sunday on Truth Social, without offering new evidence.
Driving the news: Republican Attorney General Ken Paxton charged in a state court complaint that Johnson & Johnson and its spinoff Kenvue Brands violated state consumer protection laws by hiding the danger to unborn and young children while marketing Tylenol as the only safe painkiller for pregnant women.
- The suit also claims J&J fraudulently transferred its Tylenol-related liabilities to Kenvue to shield itself from litigation.
- "Given how widely acetaminophen is used and how prevalent these conditions are, Defendants face tens of billions of dollars in damages to permanently injured children," the lawsuit states.
The other side: "Johnson & Johnson divested its consumer health business years ago, and all rights and liabilities associated with the sale of its over-the-counter products, including Tylenol (acetaminophen), are owned by Kenvue," a J&J spokesperson said in a statement.
- In a separate statement, Kenvue vowed to "vigorously defend ourselves against these claims and respond per the legal process."
- "We stand firmly with the global medical community that acknowledges the safety of acetaminophen and believe we will continue to be successful in litigation as these claims lack legal merit and scientific support."
Catch up quick: Parents of children with autism and ADHD began suing the makers of Tylenol and generic acetaminophen in 2022, claiming they failed to warn sufficiently about an increased risk of the conditions if the medication is taken during pregnancy.
- The plaintiffs engaged researchers from institutions including Harvard and the University of Southern California to present evidence they said shows a causal link between acetaminophen and autism and ADHD.
- But a federal judge in 2023 decided that the testimony and research of expert witnesses called in by the plaintiffs wasn't conclusive. That ruling is being appealed.
Paxton, who is challenging Sen. John Cornyn in a GOP primary, is being assisted in the case by Ashley Keller of the Chicago law firm Keller Postman, who is leading the personal injury litigation.
- Keller has represented Texas in litigation against Google and Meta, the Texas Tribune reported.
Maya Goldman contributed.
