#kenvue

Eleanor Klibanoff at The Advocate:

Texas Attorney General Ken Paxton is suing Johnson & Johnson, accusing the pharmaceutical company of failing to warn consumers about the risk of taking Tylenol while pregnant. This lawsuit, the first of its kind from a state government, comes a month after President Donald Trump and U.S. Secretary of Health and Human Services Robert F. Kennedy, Jr. announced updated guidance discouraging pregnant women from taking acetaminophen, citing it as a possible cause of autism. The announcement set off a wave of controversy in the health care community, and confusion among pregnant women unsure how they should manage fever and pain during pregnancy. The science around Tylenol and autism is uncertain. While some studies suggest a correlation between taking Tylenol while pregnant and having a child with autism, others have repudiated those findings. Major medical associations rejected Kennedy and Trump’s claims as overly generalized and potentially harmful. Kenvue, the corporate subsidiary that makes Tylenol, said in a statement that it would vigorously defend itself against Paxton’s claims in court. “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,” the company said in a statement.

This issue has been bubbling up for far longer than Trump and Kennedy have been in office. Dozens of people have filed personal injury lawsuits against Johnson & Johnson, and its corporate spin-off, Kenvue, alleging adverse neurodevelopment outcomes for their children after taking Tylenol while pregnant. Those cases have been consolidated into multi-district litigation, which is still making its way through the courts and being led by Ashley Keller of Chicago law firm Keller Postman. Keller has represented Texas in litigation against Google and Meta, and has been contracted by the attorney general’s office to handle this new lawsuit against Johnson & Johnson.

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What the science says

Autism affects approximately one in 31 American children, and the rate of diagnoses has increased almost 300% over the last 20 years. Researchers attribute that rise to better screening and an expanded definition of the spectrum of behaviors that qualify for a diagnosis. Kennedy, in contrast, has long blamed the debunked theory that autism is caused by common childhood vaccines. Since becoming health secretary, Kennedy has vowed to figure out and eliminate the root causes of autism, putting $50 million toward research. Relabeling Tylenol was one of his first steps. Kennedy pointed to an August study from the Harvard School of Public Health and Mount Sinai Hospital that found pregnant women who reported taking acetaminophen seemed to be slightly more likely to have a child diagnosed with autism, a conclusion other studies have reached over the years. [...]

The lawsuit

Paxton’s lawsuit builds on these claims, saying Johnson & Johnson “willfully ignored and attempted to silence the science” around acetaminophen and autism. Paxton takes specific aim at a spin-off company, Kenvue, which the suit says was only created to shelter Johnson & Johnson’s main assets from liability.

Texas AG and US Senate candidate Ken Paxton (R) sues Johnson & Johnson over unproven claims of autism resulting from pregnancy.

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