Texas sues Tylenol makers, claiming they hid drug’s autism risks

PANOLA COUNTY, Texas - The makers of Tylenol, Johnson & Johnson and Kenvue, were sued on Oct 28 by Texas Attorney General Ken Paxton, who accused them of knowingly hiding the drug’s supposed links to autism and attention deficit hyperactivity disorder.

Mr Paxton, a Republican, sued five weeks after Republican President Donald Trump said using Tylenol during pregnancy can

cause autism in children

. Mr Trump is not a doctor, and his claim is unproven and not backed by scientific evidence.

Johnson & Johnson sold Tylenol for more than six decades, and its former Kenvue unit has sold it since 2023 after being spun off.

The pain reliever is known generically as acetaminophen. Doctors and medical societies consider acetaminophen the

best option for treating fever and pain

during pregnancy.

Kenvue has repeatedly defended Tylenol’s safety, and in a statement said it would defend against Mr Paxton’s lawsuit.

“Acetaminophen is the safest pain reliever option for pregnant women as needed throughout their entire pregnancy,” Kenvue said. “We are deeply concerned by the perpetuation of misinformation on the safety of acetaminophen.”

Johnson & Johnson did not comment on Mr Paxton’s lawsuit, and in a separate statement said Kenvue is responsible for “all rights and liabilities associated with the sale of its over-the-counter products, including Tylenol”.

Shares of Kenvue have fallen more than 20 per cent since Mr Trump discussed Tylenol and autism on Sept 22, including a 7.5 per cent decline that day.

Paxton says US ‘confirmed’ Tylenol’s risks

Mr Paxton filed his complaint in a Texas state court in rural Panola County, which borders Louisiana and where Mr Trump won 83 per cent of the vote in the 2024 presidential election.

He said the federal government “confirmed” last month that using acetaminophen during pregnancy likely causes autism and ADHD, and that despite “overwhelming evidence” Johnson & Johnson and Kenvue did not warn pregnant women of the risks.

Mr Paxton also cited Mr Trump urging pregnant women not to use Tylenol unless it was “absolutely necessary”, a claim the president repeated in a Truth Social post on Oct 26.

The attorney general said Johnson & Johnson and Kenvue violated a Texas law against deceptive trade practices by concealing the risks.

He also said Johnson & Johnson violated a Texas law against fraudulent transfers by spinning off Kenvue to shield itself from liability.

Johnson & Johnson is based in New Brunswick, New Jersey, and Kenvue in Summit, New Jersey.

Mr Paxton is mounting a primary challenge next year against incumbent Senator John Cornyn, positioning himself to the right of the four-term Republican and as a strong supporter of Trump’s agenda.

Autism a concern for RFK Jr

Last month, the US Food and Drug Administration said it would seek new warning labels for acetaminophen to reflect the drug’s potential links to neurodevelopmental disorders.

Autism has been a longtime concern of US Health and Human Services Robert F. Kennedy Jr., whose agency includes the FDA.

Hundreds of private lawsuits have also been filed by families who said their children suffered from autism or ADHD after their mothers used Tylenol during pregnancy.

A judge dismissed many of those cases last December, and the federal appeals court in Manhattan will hear arguments in the families’ appeal on Nov 17.

The law firm Keller Postman represents families in that appeal, and is also working with Mr Paxton on his lawsuit .

Johnson & Johnson separately faces lawsuits from more than 73,000 plaintiffs who said they were diagnosed with cancer after using its baby powder and other talc products.

Federal courts have rejected three efforts by the company to resolve those cases through bankruptcy.

Concerns about Tylenol’s safety did not mount until after Johnson & Johnson announced the Kenvue spin-off in 2021. REUTERS