Texas sues Tylenol maker over claims it failed to warn pregnant

In a groundbreaking move, Texas has become the first state in the United States to lodge a lawsuit against the manufacturer of Tylenol, alleging that the use of this pain reliever during pregnancy may lead to autism in children.

Attorney General Ken Paxton initiated legal action on Tuesday against Johnson & Johnson and its offshoot, Kenvue, accusing them of neglecting to adequately inform consumers about potential dangers.

This development follows a recent advisory from Donald Trump, alongside Health and Human Services Secretary Robert F. Kennedy Jr., cautioning expectant mothers against using acetaminophen, Tylenol’s active ingredient. During a White House press briefing, they suggested that the medication could increase the likelihood of autism in offspring.

President Trump emphatically advised, “Avoid Tylenol, just don’t use it,” and encouraged pregnant women to endure discomfort without the drug, urging them to “fight like hell” to resist its use.

While some research indicates a possible link between prenatal acetaminophen use and autism, experts emphasize that correlation does not equate to causation. They also point to extensive studies that have found no connection between Tylenol consumption during pregnancy and autism.

But experts stress that an association does not directly prove that the drug causes autism in children. They also highlight other large-scale research that has found no link between taking Tylenol during pregnancy and autism.

Yesterday, the president again warned pregnant women not to take Tylenol, writing on his social media platform Truth Social: ‘Pregnant women, DON’T USE TYLENOL UNLESS ABSOLUTELY NECESSARY, DON’T GIVE TYLENOL TO YOUR YOUNG CHILD FOR VIRTUALLY ANY REASON.’ 

Paxton, who is running in the GOP primary to unseat Republican US Senator John Cornyn, said in a statement that the new lawsuit would ‘Make America Healthy Again’.

Texas Attorney General Ken Paxton filed a lawsuit against Tylenol this week, saying its maker  had failed to warn consumers over the risks posed by its drug (stock image)

Texas Attorney General Ken Paxton filed a lawsuit against Tylenol this week, saying its maker  had failed to warn consumers over the risks posed by its drug (stock image)

He said: ‘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.

‘By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.’

The case is being led by law firm Keller Postman, which is also fighting a separate lawsuit where dozens of parents are suing Johnson and Johnson and Kenvue, claiming that taking Tylenol during pregnancy caused their children to suffer from adverse neurodevelopmental outcomes.

In the lawsuit, Paxton accuses Johnson and Johnson and Kenvue of marketing Tylenol to pregnant women despite being aware that early exposure to acetaminophen can cause autism. 

He accused the companies of violating the state’s consumer protection laws, which make it illegal to conceal or fail to disclose information about a product.

And said they had violated the Texas Uniform Fraudulent Transfer Act, accusing Johnson and Johnson of fraudulently transferring its liabilities arising from Tylenol to a separate company, Kenvue, in order to shield its assets from lawsuits arising from the impact of Tylenol on children. 

A spokeswoman from Kenvue, which markets Tylenol, told Daily Mail: ‘Nothing is more important to us than the health and safety of the people who use our products. 

‘We are deeply concerned by the perpetuation of misinformation on the safety of acetaminophen and the potential impact that could have on the health of American women and children.’

Shown above is Texas Attorney General Ken Paxton on March 20 this year. He has filed a lawsuit against Johnson and Johnson and its corporate spin-off Kenvue

Shown above is Texas Attorney General Ken Paxton on March 20 this year. He has filed a lawsuit against Johnson and Johnson and its corporate spin-off Kenvue

She added: ‘Acetaminophen is the safest pain reliever option for pregnant women as needed throughout their entire pregnancy. 

‘Without it, women face dangerous choices: suffer through conditions like fever that are potentially harmful to both mom and baby or use riskier alternatives. High fevers and pain are widely recognized as potential risks to a pregnancy if left untreated.

‘We will defend ourselves against these baseless claims and respond per the legal process. 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 spokeswoman said Kenvue was also encouraging all expectant mothers to speak to their health professionals before taking any over-the-counter medication, including acetaminophen.

Last year, Johnson and Johnson agreed to pay $700million to Texas and 41 other states over its talc powder. 

The coalition of states had accused the company of misleading consumers about the safety of its products after the powder was found to contain asbestos, which can raise the risk of suffering from cancer. 

Among the victims was mother-of-six Theresa Garcia, who died after developing a rare cancer caused by repeated asbestos exposure. She had used talc powder regularly, her family said, regularly dousing herself in the substance.

Texas has also sued Pfizer over its Covid vaccine, claiming that statements about the shot’s effectiveness were misleading. The case was dismissed by a federal judge in December 2024.

He has also sued Eli Lilly in August this year, accusing the company of bribing doctors in order to encourage them to prescribe its weight loss medications Mounjaro and Zepbound.

Autism rates have surged in the US since the 1980s, prompting concerns from experts over the potential cause.

President Donald Trump is pictured above at a press conference last month, where he warned pregnant women that taking Tylenol, active drug acetaminophen, could cause their children to suffer from autism

President Donald Trump is pictured above at a press conference last month, where he warned pregnant women that taking Tylenol, active drug acetaminophen, could cause their children to suffer from autism

In the 1980s, about one in 2,000 children had autism, according to estimates. But rates have since exploded, with one in 31 now reported to have the condition.

Experts say the surge is largely down to a loosening of the definition of autism, allowing for children with milder symptoms to be diagnosed with the disease, and a more accepting attitude in the US toward people with the condition.

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