Kimberly-Clark announced Monday that it plans to acquire Kenvue, maker of Band-Aid, even though the latter faces thousands of lawsuits related to its Tylenol painkiller and baby powder, raising questions about the extent of responsibilities Kimberly-Clark could inherit. The situation of these cases is detailed below.
Tylenol
On Nov. 17, a U.S. appeals court is scheduled to hear arguments on whether to revive hundreds of claims consolidated in multidistrict litigation brought by families who claim that Kenvue’s Tylenol or its generic versions caused autism or attention-deficit/hyperactivity disorder (ADHD) in their children. A lower court dismissed these cases last year, saying the experts the plaintiffs relied on failed to support their conclusions with scientific evidence.
However, the U.S. Court of Appeals for the Second Circuit will review the appeal while Tylenol is under the White House radar due to unproven claims that use of the drug during pregnancy can cause autism in children. At a press conference in September alongside U.S. Health Secretary Robert F. Kennedy Jr., President Donald Trump advised pregnant women not to use acetaminophen, the active ingredient in Tylenol.
Lawyers for the families quickly pointed out Trump’s comments to the appeals court, arguing that the court should consider the executive branch’s position. However, legal experts said at the time that the court was unlikely to give much weight to the administration’s comments.
Separately, on October 28, Texas Attorney General Ken Paxton sued Kenvue over the alleged connection. Paxton, a Republican, accused Kenvue of knowingly hiding the drug’s links to autism and ADHD.
More context: Texas sues J&J and Kenvue, makers of Tylenol, alleging they hid risks of autism drug
As part of the proposed acquisition, Kimberly-Clark agreed that any events or developments related to allegations that Tylenol use during pregnancy is linked to autism or ADHD in children will not be grounds for the company to withdraw from the deal.
Kenvue has repeatedly defended the drug, stating that there is no scientific link to autism and warning that such suggestions could endanger maternal health.
Researchers say there is no strong evidence showing a link between Tylenol use and autism.
Talc
Thousands of lawsuits against Johnson & Johnson (JNJ.N) and Kenvue, which J&J spun off in 2023, are moving forward in both federal and state courts after J&J failed to resolve the cases through bankruptcy on three occasions.
J&J and Kenvue face lawsuits from more than 73,000 plaintiffs who claim they were diagnosed with cancer after using baby powder and other talc-based products, according to court documents.
The company has stated that its products are safe, do not contain asbestos and do not cause cancer.
As part of the Kenvue spinoff, J&J said it would retain all talc-related liabilities arising from litigation in the U.S. and Canada, and would indemnify Kenvue for all costs.
Kenvue would be responsible for any litigation related to talc sold outside the U.S. or Canada, according to company documents.
Earlier this month, the first lawsuit over talc allegations was filed in the United Kingdom against J&J and Kenvue UK Limited, a subsidiary of Kenvue. The lawsuit was filed on behalf of more than 3,000 people who claim their ovarian cancer, mesothelioma or other illnesses were caused by using J&J baby powder between 1965 and 2023.
With information from Reuters
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