A US appeals court is expected to hear arguments on Monday from families seeking to revive their lawsuits against Tylenol, after the Trump administration publicly promoted its claims that the popular pain reliever is linked to childhood autism.
In urging the appeals court to revive more than 500 lawsuits seeking damages against Tylenol maker Kenvue, the plaintiffs cited a September news conference where President Donald Trump and his top health officials linked autism to Tylenol use.
A lower court judge dismissed the lawsuits in 2024 after criticizing the methods of experts the plaintiffs presented to support their claims.
Researchers say there is no strong evidence of a link between autism and the use of Tylenol or its generic equivalent, acetaminophen. Kenvue stated that science shows that Tylenol is safe and that taking acetaminophen does not cause autism.
A Kenvue spokesperson said the company believes the lower court’s ruling on the experts was correct.
An attorney for the plaintiffs did not respond to a request for comment. The plaintiffs argued that the trial judge did not adequately consider the experts’ opinions.
Read more: Texas sues J&J and Kenvue, makers of Tylenol, alleging they hid risks of autism drug
Tylenol case would have implications for acquisition by Kimberly-Clark
It’s unclear whether a ruling by the 2nd Circuit U.S. Court of Appeals reviving the cases would have major implications for the planned acquisition of Kenvue by Kimberly-Clark, which announced Nov. 3 that it will pay more than $40 billion to buy the former Johnson & Johnson unit. The operation is expected to be completed next year.
In documents detailing the merger plan, filed with the US Securities and Exchange Commission (SEC), the companies indicated that any “condition, development or event” related to allegations of a link between autism or attention deficit hyperactivity disorder (ADHD) and the use of Tylenol during pregnancy would not be grounds for Kimberly-Clark to back out of the deal.
Kenvue is separately defending itself against a lawsuit filed by Texas Attorney General Ken Paxton that alleges the company concealed risks to children from Tylenol use by pregnant women. On Friday, a Texas judge rejected Paxton’s request to block Kenvue from paying its $398 million dividend to its shareholders, scheduled for later this month.
The judge also denied Paxton’s request to temporarily order Kenvue to change its advertising.
In December 2023, District Judge Denise Cote of Manhattan, who is overseeing centralized litigation over the families’ lawsuits against Kenvue, wrote that expert witnesses presented by the plaintiffs “obscured the complexities, inconsistencies and deficiencies of the underlying data.”
The plaintiffs appealed in April 2024 and, after the White House press conference, sent a letter to the appeals court urging it to consider Trump’s statements.
With information from Reuters
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