Texas Sues Tylenol Makers J&J and Kenvue Over Pregnancy Risks

Tylenol acetaminophen pills bottle

The State of Texas has launched a major legal challenge against Johnson & Johnson and its consumer health spinoff, Kenvue, over the marketing of Tylenol. In a lawsuit filed in late October, Texas Attorney General Ken Paxton alleges the companies violated state consumer protection laws by deceptively promoting acetaminophen—the active ingredient in Tylenol—as safe for use during pregnancy while failing to warn of potential risks to fetal development.

The core of the lawsuit claims the manufacturers were aware of or ignored a growing body of scientific research suggesting an alleged link between acetaminophen and neurodevelopmental disorders such as Autism Spectrum Disorder (ASD) and Attention-Deficit/Hyperactivity Disorder (ADHD) in children exposed prenatally. According to the state's complaint, the companies engaged in a decades-long marketing campaign that portrayed acetaminophen as one of the safest and most recommended pain relievers for expectant mothers, thereby misleading the public and the medical community.

This legal action is part of a broader landscape of litigation concerning acetaminophen. Thousands of similar lawsuits from families across the country have been consolidated into a multi-district litigation (MDL) in New York, making this one of the largest mass tort cases in the United States. The Texas lawsuit accuses the companies of deceptive marketing and seeks significant financial penalties as well as an injunction to force the companies to change their labeling and marketing practices.

In a recent development, Texas has escalated its legal pressure by asking a court to issue a temporary restraining order. The state is seeking to halt Kenvue's Tylenol-related marketing and to block a multi-billion dollar dividend payment from Kenvue to its former parent company, Johnson & Johnson. Texas argues these funds should be preserved to potentially satisfy judgments if the state wins its case. Johnson & Johnson has consistently maintained that its actions have been appropriate and based on current scientific evidence, and is expected to vigorously defend its product.