Tylenol Company Sued by Texas Over Autism Claims

Texas is suing Johnson and Johnson, the maker of Tylenol, accusing the pharmaceutical company of failing to warn consumers about the risk of taking Tylenol while pregnant. The lawsuit comes a month after Robert Kennedy, Jr., Secretary of Health and Human Services, announced updated guidance discouraging pregnant women from taking acetaminophen, a component of Tylenol. Kennedy claims that acetaminophen is a possible cause of autism, though, acknowledged a day after Texas filed its suit, that the evidence linking the drug to the neurodevelopmental disorder is insufficient.

The lawsuit claims Johnson and Johnson seemed to possibly ignore and “attempted to silence the science” around acetaminophen and autism. As attorney general, Paxton can sue under state consumer protection laws, the Uniform Fraudulent Transfer Act, and the Deceptive Trade Practices Act.

Texas has repeatedly sued Johnson and Johnson over the last several years, including a $290 million settlement over the company’s role in the opioid epidemic in 2021.

Dozens have filed personal injury lawsuits against Johnson and Johnson, and its child company, Kenvue, alleging adverse neurodevelopment outcomes for their children after taking Tylenol while pregnant. Major medical associations rejected Kennedy’s claims as too generalized and potentially even harmful. Kenvue denied the allegations.

What Is Autism?

Autism, also known as autism spectrum disorder (ASD), is a neurodevelopmental disorder that manifests differences or difficulties in social communication and interaction, a strong preference for predictability and routine, sensory processing differences, focused interests, and repetitive behaviors. Autism is a spectrum disorder, which means that presentations vary and support needs range from almost non-existent to needing 24-hour care.

The exact causes of autism are unknown, though genetics is likely the largest contributing factor. There are certain people who have a desire to find a specific cause for autism. Notably, the original study that showed a link between vaccines and autism has since been retracted.

When are Companies Required to Give a Warning for Alleged Dangers to Their Products?

The Texas lawsuit alleges that Johnson and Johnson have a responsibility to warn about potential dangers of their products. Even if such risks are not always certain or not found in all studies, those potential risks should be given to consumers so that they can decide for themselves.

However, companies are not required to provide a warning in every instance. Companies only have to provide a warning if:

• The product is actually dangerous – No warning is necessary if the danger is non-existent. For instance, a motorcycle manufacturer does not have to warn users that their motorcycle may cause breast cancer if there is no risk of the motorcycle causing breast cancer.
• The danger is not open and obvious – No warning is necessary if the danger is obvious to all. For instance, a construction company may not have to put up warning signs for a large gaping hole overlooking a cliffside.
• The user is not sophisticated enough to understand the danger – People with technical experience may not require such warnings to know that a certain product is dangerous. A medical doctor may not need a warning to know that certain medication can be dangerous and an experienced motorcycle rider may not need a warning to know that riding without a helmet is a potential safety hazard.

For Johnson and Johnson, the defense here will likely be that Tylenol does not actually pose a risk of autism. Until Kennedy spoke up last month, hardly anyone believed or knew there could be a link between Tylenol. Texas, and anyone else bringing these lawsuits, would have to prove that Tylenol could actually cause autism. This may be an uphill battle since studies have shown there are quite a few alternative causes, including the genetics of the parents and/or the age of the parents.

If you have any concerns about using Tylenol, you should consult with a doctor first. Unlike Texas or politicians, a doctor will have a fiduciary duty to provide you with the best medical information concerning your health or your child’s health.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.