Key facts
- A federal appeals court revived over 500 private lawsuits against Kenvue, the maker of Tylenol.
- The lawsuits allege a link between Tylenol use during pregnancy and autism and ADHD in children.
- The appeals court ruled that a lower court improperly excluded expert testimony from three doctors.
- Kenvue maintains that Tylenol is safe and credible science shows no proven link to autism or ADHD.
- The case will return to a district court for further proceedings.
A federal appeals court has revived more than 500 private lawsuits against Kenvue, the maker of Tylenol, concerning allegations that the painkiller's use during pregnancy is linked to autism and attention deficit hyperactivity disorder (ADHD) in children. The 2nd U.S. Circuit Court of Appeals in Manhattan ruled that a district court judge had improperly excluded expert testimony from three doctors offered by parents and guardians.
Circuit Judge Guido Calabresi stated that the testimony reflected methodologies used by other scientists and constituted acceptable interpretations of scientific evidence, even where disagreement exists among scientists. The court emphasized that it was not determining whether acetaminophen causes autism or ADHD. Medical professionals generally consider acetaminophen, the active ingredient in Tylenol, to be safe for treating pain and fever during pregnancy.
Kenvue defended the safety of Tylenol, asserting that credible, independent science shows no proven link between acetaminophen and autism or ADHD. The company plans to challenge the plaintiffs' experts' opinions in court. In afternoon trading, Kenvue shares fell 1.8%, and Kimberly-Clark shares dropped 2.7%. Johnson & Johnson, Kenvue's former parent company, also defended Tylenol's safety. Kenvue is currently set to be acquired by Kimberly-Clark for over $40 billion.
The excluded expert testimony included that of Andrea Baccarelli, dean of Harvard University's School of Public Health; Eric Hollander, a psychiatry professor at the Albert Einstein College of Medicine; and Brandon Pearson, a toxicologist at Columbia University. Ashley Keller, a lawyer for the parents, expressed satisfaction with the ruling. The lawsuits were initially dismissed in December 2024 by U.S. District Judge Denise Cote, who had criticized the methodology of the plaintiffs' expert witnesses. The appeals court decision sends the cases back to Judge Cote for further proceedings.