Texas has launched a lawsuit against manufacturers of Tylenol, claiming they deceived customers by failing to mention unproven risks to pregnant women - claims that were first made by Health Secretary Robert F Kennedy Jr. weeks ago.
On Tuesday, State Attorney General Ken Paxton parroted allegations by Kennedy that the pain medication “leads to a significantly increased risk of autism and other disorders,” which have been strongly refuted by medical professionals.
Paxton is suing Johnson & Johnson and Kenvue, two companies that produce Tylenol, saying they “deceptively marketed” it to pregnant mothers despite being aware of the alleged risks of early exposure to acetaminophen – the active ingredient in the drug.
“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,” Paxton said in a press release Tuesday.
“Additionally, seeing that the day of reckoning was coming, Johnson & Johnson attempted to escape responsibility by illegally offloading their liability onto a different company. By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.”
At a press conference last month, Kennedy and President Donald Trump announced that a link between autism and the use of the pain reliever acetaminophen had been established, and warned pregnant women not to take Tylenol.
Despite objections from medical organizations, including the American College of Obstetricians and Gynecologists, the remarks were seized upon by the MAGA faithful and lawmakers in more conservative states.
Announcing the lawsuit, Paxton claimed that “for decades” Johnson & Johnson had “willfully ignored and attempted to silence the science that prenatal and early-childhood exposure to their acetaminophen products can cause Autism and Attention-Deficit Hyperactivity Disorder in children.”
The marketing of Tylenol as a safe medication for pregnant women allegedly violated Texas consumer protection law, Paxton’s office said.
Johnson & Johnson also violated the Texas Uniform Fraudulent Transfer Act by “fraudulently transferring liabilities arising from Tylenol to a separate company, Kenvue, in order to shield their assets against lawsuits arising from the harmful impact Tylenol had on children,” the suit added.
In a statement shared with The Independent a spokesperson for Johnson & Johnson said: “Johnson & Johnson divested its consumer health business years ago, and all rights and liabilities associated with the sale of its over-the-counter products, including Tylenol (acetaminophen), are owned by Kenvue.”
A spokesperson for Kenvue told The Independent that the company was “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.”
“We will vigorously defend ourselves against these 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,” they said.
“We also encourage expecting mothers to speak to their health professional before taking any over-the-counter medication, including acetaminophen, as indicated on our product label for Tylenol.”
In a statement following the original remarks by Kennedy and Trump, the American College of Obstetricians and Gynecologists warned that pain and fever can be harmful when left untreated during pregnancy.
“The conditions people use acetaminophen to treat during pregnancy are far more dangerous than any theoretical risks and can create severe morbidity and mortality for the pregnant person and the fetus,” the group said in a statement.
Decades of research have shown no direct connection between autism and acetaminophen.
“Advising pregnant women not to take Tylenol is simply highly irresponsible,” Dr. Helen Tager-Flusberg, professor emerita at Boston University and head of the Coalition of Autism Scientists, told The Independent.
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