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A federal appeals court in Manhattan has revived over 500 private lawsuits against Kenvue, the maker of Tylenol, over alleged links between the drug and autism. On Monday (July 13), the Second U.S. Circuit Court of Appeals ruled that a district judge improperly dismissed expert evidence that suggested a connection between Tylenol use during pregnancy and autism and ADHD in children.
The court's decision overturns U.S. District Judge Denise Cote's 2024 ruling, which criticized the methodology of the plaintiffs' expert witnesses and dismissed the lawsuits. The appeals court found that the district court exceeded its discretion by excluding testimony from three of the plaintiffs' experts, although it upheld the exclusion of two others. The case will now return to the district court for further proceedings.
Kenvue, in a statement, emphasized that the procedural ruling does not challenge the scientific consensus, which shows no proven link between acetaminophen and neurodevelopmental disorders. The company stands by the safety of its product and plans to continue defending against the claims. According to Kenvue, "credible, independent science shows no proven link between taking acetaminophen and autism or ADHD."
Despite the lack of definitive scientific evidence, the issue gained attention in September when President Trump and top U.S. health officials suggested a potential link between acetaminophen and autism. The American College of Obstetricians and Gynecologists and other health authorities continue to recommend acetaminophen as a preferred treatment for pain or fever during pregnancy.
The revival of these lawsuits may lead to further legal battles as the plaintiffs seek to prove their claims in court. The Hill reported that pharmacies like Walgreens, CVS, Walmart, and Target are also named as defendants in the lawsuits.