Texas Attorney General Ken Paxton Sues Johnson & Johnson Over Tylenol and Autism Claims

Texas Attorney General Ken Paxton has initiated a lawsuit against Johnson & Johnson and its spin-off company Kenvue, alleging that they failed to adequately warn consumers about the potential risks of taking Tylenol (acetaminophen) during pregnancy. This lawsuit marks the first instance of a state government pursuing legal action based on claims linking Tylenol to autism and attention deficit hyperactivity disorder (ADHD) in children. The lawsuit follows a controversial announcement by President Donald Trump and U.S. Secretary of Health and Human Services Robert F. Kennedy Jr., which suggested a possible connection between acetaminophen use during pregnancy and neurodevelopmental disorders.

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The lawsuit asserts that Johnson & Johnson and Kenvue "willfully ignored and attempted to silence the science" regarding the risks associated with acetaminophen. Paxton's claims include accusations that Kenvue was created to shield Johnson & Johnson from liability. The lawsuit cites Texas consumer protection laws, specifically the Uniform Fraudulent Transfer Act and the Deceptive Trade Practices Act, as the basis for its legal standing. Paxton stated, “These corporations lied for decades, knowingly endangering millions to line their pockets,” emphasizing the need to hold pharmaceutical companies accountable.

Texas Tribune

The scientific community remains divided on the potential link between acetaminophen use during pregnancy and autism. Some studies, including a recent one from Harvard and Mount Sinai, suggest a correlation, while larger studies, such as one involving 2.5 million children in Sweden, found no significant association when controlling for genetic factors. Dr. Brian Lee, an epidemiologist involved in the Swedish study, noted, “the needle is pointing strongly toward there being no causal effect of acetaminophen use during pregnancy on autism.” Major medical organizations have criticized the claims made by Trump and Kennedy as overly generalized and potentially harmful.

Texas Tribune

Kenvue has firmly defended the safety of acetaminophen, stating, “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.” Johnson & Johnson has also distanced itself from the lawsuit, asserting that it divested its consumer health business years ago and that Kenvue now holds all rights and liabilities related to Tylenol.

New York Times

Critics of the lawsuit argue that the claims lack a solid scientific foundation and that the potential risks of untreated pain and fever during pregnancy may outweigh the theoretical risks associated with acetaminophen. Medical experts have cautioned that the ongoing debate could lead to increased fear and confusion among pregnant women regarding the use of Tylenol, which is often recommended for managing pain and fever during pregnancy.

CNN

The Texas lawsuit is set to proceed in the District Court of Panola County, Texas, where Paxton aims to establish a legal precedent for consumer protection against pharmaceutical companies. The outcome of this case could have significant implications for the ongoing discourse surrounding acetaminophen and its safety during pregnancy, as well as for the broader legal landscape involving pharmaceutical liability.

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• “By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.” — Ken Paxton, Texas Attorney General

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• “We will defend ourselves against these baseless claims and respond per the legal process,” — Kenvue spokesperson

USA Today

• “the needle is pointing strongly toward there being no causal effect of acetaminophen use during pregnancy on autism.” — Dr. Brian Lee, Epidemiologist

Texas Tribune

This lawsuit highlights the intersection of public health, legal accountability, and the complexities of scientific research in understanding the potential risks associated with widely used medications during pregnancy.

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