AUSTIN, Texas — The state of Texas, led by Attorney General Ken Paxton, has filed a lawsuit against Johnson & Johnson and Kenvue, the company that produces Tylenol, alleging that they failed to adequately warn women about the risks associated with the drug.
In a statement, Paxton says, “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.”
The lawsuit claims there is increasing scientific evidence linking prenatal and early childhood exposure to acetaminophen, the active ingredient in Tylenol, with autism.
Brian Smith, a political science professor at St. Edward’s University, commented on the legal battle, saying, “The odds are probably against [Paxton], but he believes that there is a case.” Smith suggested that Paxton might be using the lawsuit as leverage for his political campaign, noting, “We’re really seeing the Attorney General making a move to really solidify his Trump supporters,” he said.
But Smith also says, “The Attorney General has a very much uphill climb here because we’re basing this a lot on emotion right now and not a lot on science.”
Kenvue responded to the lawsuit with a statement expressing concern, “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.” The company encouraged expecting mothers to consult health professionals before taking any over-the-counter medication and stated it would defend itself against the claims.
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Nothing is more important to us 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.Acetaminophen is the safest pain reliever option for pregnant women as needed throughout their entire pregnancy. Without it, women face dangerous choices: suffer through conditions like fever that are potentially harmful to both mom and baby or use riskier alternatives. High fevers and pain are widely recognized as potential risks to a pregnancy if left untreated.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.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.
Smith warned of potential consequences if Texas loses the case, saying, “If Texas is found in the wrong, the Attorney General isn’t the one that’s going to pay the fines or fees or illegal fees. It’s all going to be the citizens of Texas.”
The lawsuit seeks to have Johnson & Johnson destroy any marketing or advertising that suggests Tylenol is safe for pregnant women and children, among other things. Texas and Johnson & Johnson settled a previous lawsuit in 2021 over the opioid crisis.