Texas Sues Tylenol Makers Johnson & Johnson over Autism Concerns

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Texas is suing Tylenol makers Johnson & Johnson over autism concerns, asserting that the company did not properly warn pregnant mothers of potential risks.

The lawsuit itself cites recent scientific evidence that acetaminophen (the generic name for Tylenol) could be dangerous for unborn children. Despite that, the lawsuit asserts that manufacturers have “deceptively marketed Tylenol as the only safe painkiller for pregnant women, violating the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code § 17.41 et seq. (“DTPA”).”


Per the lawsuit:

As mounting scientific evidence linked prenatal and early-childhood exposure to acetaminophen with Autism Spectrum Disorder (“ASD”) and Attention-Deficit Hyperactivity Disorder (“ADHD”), Johnson & Johnson saw a reckoning on the horizon. Rather than take responsibility, Johnson & Johnson fraudulently transferred its Tylenol-related liabilities to Kenvue, Inc. and Kenvue Brands LLC (together, “Kenvue”)—in violation of the Texas Uniform Fraudulent Transfer Act, Tex. Bus. & Com. Code § 24.001 et seq. (“UFTA”)—to shield its illgotten assets from the families they harmed.

It also cites the warning members of the Trump administration provided last September alongside public health officials — including Health and Human Services Secretary Robert F. Kennedy Jr. — revealing that Tylenol is linked to what President Donald Trump described as a “very increased risk of autism.”

More via the lawsuit:


The reckoning has arrived. Last month, the federal government confirmed what Defendants knew for years: acetaminophen use during pregnancy likely causes conditions like ASD and ADHD.1 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. Because of their fraudulent transfer, there may be insufficient funds to compensate Texas victims.

But acetaminophen, the sole active ingredient of the Tylenol products at issue here, can cause ASD and ADHD in children when they ingest the drug or when their mothers ingested the drug while pregnant. To date, at least twenty-six epidemiological studies have shown positive associations between prenatal use of acetaminophen and ASD and/or ADHD. Six studies have investigated whether there is a dose-response relationship between prenatal acetaminophen exposure and ADHD. Two focused on ASD. All eight showed a dose-response relationship.

Texas Attorney General Ken Paxton said in a statement, “Big Pharma betrayed America by profiting off of pain and pushing pills regardless of the risks.”

“These corporations lied for decades, knowingly endangering millions to line their pockets. Additionally, seeing that the day of reckoning was coming, Johnson & Johnson attempted to escape responsibility by illegally offloading their liability onto a different company,” he continued. “By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.”

The lawsuit follows the Trump administration’s announcement in September. At the time, Trump said, “First, effective immediately, the FDA will be notifying physicians that the use of acetaminophen — which is basically commonly known as Tylenol, during pregnancy can be associated with a very increased risk of autism.”

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“So, taking Tylenol is not good — I’ll say it, it’s not good. For this reason, they are strongly recommending that women limit Tylenol use during pregnancy, unless medically necessary,” he added.

Relevant older posts from Tylenol’s X account went viral shortly after. One dated March 7, 2017, read, “We actually don’t recommend using any of our products while pregnant. Thank you for taking the time to voice your concerns today.”

Another from June 2019 contains the text, “…we haven’t tested Tylenol to be used during pregnancy.”

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