Texas AG sues Kenvue, J&J over ‘deceptively marketing’ Tylenol to pregnant women

Texas Attorney General Ken Paxton announced Tuesday that he is suing the two pharmaceutical manufacturers for allegedly deceptively marketing Tylenol to pregnant mothers despite knowing of links to autism and other disorders.

Paxton sued the makers of Tylenol – Kenvue and its former parent company Johnson & Johnson – over the alleged deceptive marketing. He claims that the companies knew early exposure to the active ingredient in Tylenol, acetaminophen, was linked to autism and attention deficit hyperactivity disorder.

“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. “Additionally, seeing that the day of reckoning was coming, Johnson & Johnson attempted to escape liability by illegally offloading their liability onto a different company.”

Kenvue told FOX Business in a statement that, “Nothing is more important to use than the health and safety of the people who use our products. We are 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.”

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Kenvue said that acetaminophen is the “safest pain reliever option for pregnant women as needed throughout their entire pregnancy,” adding that it would otherwise leave pregnant women facing the choice between dealing with “conditions like fever that are potentially harmful to both mom and baby or use riskier alternatives.”

“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,” Kenvue 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,” the company added.

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A Johnson & Johnson spokesperson told FOX Business that the company “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.”

Tylenol is a popular over-the-counter drug used for pain relief and fever reduction and to address symptoms of illnesses ranging from headaches and cold or flu symptoms to allergies.

The active ingredient in Tylenol is acetaminophen, which is used in similar over-the-counter drugs. The medical profession has said that products containing acetaminophen are safe for women to take when pregnant.

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In early September, President Donald Trump and Health and Human Services Secretary Robert F. Kennedy announced a link between Tylenol and autism.

“Effective immediately, the FDA will be notifying physicians that the use of acetaminophen, which is basically commonly known as Tylenol during pregnancy, can be associated with a very increased risk of autism,” Trump said at a press conference.

Kennedy had announced following his confirmation as HHS secretary earlier this year that he would prioritize a report into the causes of autism. He said at a Cabinet meeting with the president this spring that, “By September, we will know what has caused the autism epidemic.”

The ambitious timeline Kennedy outlined was criticized as unrealistic and unsuitable for a full scientific inquiry. The Autism Society of America said the claim was “harmful, misleading and unrealistic,” adding that using language referring to autism as an “epidemic” is “both inaccurate and stigmatizing.”