How Kenvue Kept Prenatal Tylenol Warnings Off the Label for Decades

On July 14, a federal appeals court revived more than 500 private Tylenol lawsuits alleging that prenatal acetaminophen exposure is linked to autism and ADHD in children. The 2nd U.S. Circuit Court of Appeals ruled that a lower court judge improperly threw out expert testimony from 3 doctors — including the dean of Harvard’s School of Public Health.

Kenvue, which now owns Tylenol, and major retailers like CVS, Walgreens, Walmart, Target, and Kroger remain named defendants. If you took Tylenol while pregnant and your child was later diagnosed with autism or ADHD, you are not alone in asking whether there’s a connection.

A lot of pregnant people were told Tylenol was the safe option — the one thing you could take. The courts just decided that question deserves a real answer.

What the Court Actually Said (and What It Didn’t)

The 2nd Circuit’s 64-page decision did not rule that acetaminophen causes autism. What it ruled is that the expert testimony supporting that theory was improperly excluded by U.S. District Judge Denise Cote, who had dismissed all the lawsuits in December 2024.

The three experts she threw out weren’t fringe figures, and the appeals court said tossing their work was a mistake.

The reinstated experts:

• Andrea Baccarelli — Dean of Harvard University’s School of Public Health
• Eric Hollander — Psychiatry professor at Albert Einstein College of Medicine
• Brandon Pearson — Toxicologist at Columbia University

Circuit Judge Guido Calabresi wrote that their methodologies “constitute acceptable interpretations of scientific evidence where scientists may, and in fact do, disagree.”

In other words: These are legitimate scientists doing legitimate science, and a trial court doesn’t get to wave them off. The case now returns to Judge Cote for further proceedings. Kenvue responded by saying the decision “does not change the fact that credible, independent science shows no proven link” and announced plans to again challenge the plaintiffs’ experts in court.

The market wasn’t reassured, with Kenvue’s shares falling 1.8% to $19.13 after the news and Kimberly-Clark shares dropping 2.7% to $109.34.

That last number matters because of what’s coming.

A $40 Billion Acquisition Just Got More Complicated

Kenvue agreed last November to be acquired by Kleenex maker Kimberly-Clark for more than $40 billion, a deal expected to close this year, according to Insurance Journal’s reporting. Whoever closes that deal inherits this litigation — all 500-plus cases, the reinstated expert witnesses, and whatever comes next when Judge Cote takes another look.

Kenvue was spun off from Johnson & Johnson in 2023. J&J made Tylenol for more than 60 years and has consistently defended its safety. The liability traveled with the brand when Kenvue was created, and now it may travel again to Kimberly-Clark.

The incentive structure here is worth naming plainly. Kenvue’s entire argument rests on keeping expert testimony out of court — not on winning a trial on the merits. The 2nd Circuit just closed that exit.

When a company’s legal strategy depends on preventing scientists from testifying rather than rebutting their conclusions, that tells you something about how confident they are in the rebuttal.

Find Out Your Legal Options

No settlement fund is open. This litigation is in early stages, and the cases must work back through Judge Cote’s court before anything resolves. But the window to get involved is now — before any eventual settlement sets eligibility cutoffs that leave latecomers out.

Here’s what you can do about it now:

1. Search the MDL docket. The case is In re: Acetaminophen — ASD/ADHD Products Liability Litigation, MDL No. 3043, in the Southern District of New York. The docket is publicly searchable at PACER (pacer.gov). Search for MDL 3043 to find the court-appointed plaintiff leadership roster and identify attorneys currently accepting clients.
2. Find a Tylenol lawsuit attorney. Many plaintiff-side attorneys handling this MDL work on contingency — no upfront cost. Law firms like Sokolove Law can help you understand your legal options and pursue compensation if eligible.
3. Request your records now. Pharmacy records, OB-GYN notes, and any written recommendations to use Tylenol during pregnancy will matter in any claim. Request pharmacy records through your pharmacy’s HIPAA records portal or by calling the pharmacy directly. Request OB-GYN notes through your provider’s patient portal or by submitting a written HIPAA request to your provider’s medical records office. Do this before records age out of standard retention windows.

The science is still being argued. The courts just ruled that it can be argued — and that’s the part that changes things for the more than 500 families whose cases were dismissed 6 months ago.

Contact us now if you or a loved one has been affected. We may be able to help you take a stand and hold these companies accountable.

Written by: Companies Behaving Badly

The team behind it all.