Texas AG Sues Tylenol Over Autism Allegations

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

Texas Attorney General Ken Paxton has filed a lawsuit against Johnson & Johnson, accusing the pharmaceutical giant of failing to warn consumers about potential risks associated with taking Tylenol during pregnancy. This legal action marks the first of its kind from a state government, highlighting growing concerns over the safety of acetaminophen use during pregnancy.

The lawsuit comes on the heels of recent guidance from President Donald Trump and U.S. Secretary of Health and Human Services Robert F. Kennedy, Jr., who advised pregnant women to avoid acetaminophen due to its possible link to autism. This announcement sparked widespread debate within the healthcare community and left many expectant mothers uncertain about managing pain and fever during pregnancy.

The Science Behind the Controversy

The scientific evidence surrounding Tylenol and autism remains inconclusive. While some studies suggest a correlation between acetaminophen use during pregnancy and an increased risk of autism in children, others have refuted these findings. Major medical associations have criticized Kennedy and Trump’s claims as overly generalized and potentially harmful.

Kenvue, the subsidiary responsible for manufacturing Tylenol, has responded by stating it will vigorously defend itself in court. The company emphasized its alignment with the global medical community, which continues to support the safety of acetaminophen.

This issue is not new; dozens of individuals have filed personal injury lawsuits against Johnson & Johnson and Kenvue, alleging adverse neurodevelopmental outcomes for their children after using Tylenol during pregnancy. These cases have been consolidated into multi-district litigation, currently led by Ashley Keller of the Chicago law firm Keller Postman.

Legal Strategy and Public Health Concerns

Ashley Keller, known for representing Texas in litigation against major tech companies, was chosen to handle this case due to her expertise in both science and legal strategy. “Paxton figured I knew the science, I knew the history, I had a lot of moving parts,” Keller said. “And so I’d be an obvious choice to pursue this for Texans.”

Paxton, who is running in the GOP primary to unseat U.S. Sen. John Cornyn, stated that holding Big Pharma accountable would help “Make America Healthy Again.” His lawsuit accuses Johnson & Johnson of willfully ignoring and suppressing scientific evidence regarding acetaminophen and autism.

The Role of Consumer Protection Laws

Unlike individual lawsuits, which focus on personal injury claims, Paxton’s suit relies on two state consumer protection laws: the Uniform Fraudulent Transfer Act and the Deceptive Trade Practices Act. These laws provide a different burden of proof and seek different damages, according to Keller.

Texas has a history of suing Johnson & Johnson over various issues, including the opioid epidemic, medical devices, and deceptive marketing practices. In 2021, the state reached a $290 million settlement related to the company's role in the opioid crisis.

Ongoing Legal Challenges

A federal judge recently excluded expert witnesses that Keller planned to present in the consolidated litigation against Johnson & Johnson, citing insufficient scientific evidence. This decision has been appealed to the 2nd U.S. Circuit Court of Appeals.

Dr. Brian Lee, an epidemiologist at Drexel University, noted that while definitive conclusions are difficult to reach in epidemiology, current research suggests there is no causal link between acetaminophen use during pregnancy and autism. However, Keller argues that it is better to inform people about potential risks, even if the science is not fully conclusive.