Tylenol Autism Lawsuits
Appeals Court Revives Tylenol Autism Lawsuits, Allowing Expert Testimony Against Kenvue
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Key Points
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The New York appeals court allowed three specific expert witnesses to testify in the Tylenol/autism litigation against Kenvue, while upholding the district court's exclusion of two other experts, ruling the lower court erred in barring the three but not evaluating the witnesses' testimony quality.
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The 2023 ruling in Manhattan federal court had blocked 500 Tylenol/autism cases from proceeding to trial against Kenvue, providing important historical context for why the current revival is significant.
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The market reaction persisted, with Kenvue shares trading down about 1% in late-morning trading following the court's decision, around $19.27 per share.
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The decision is described as a procedural victory for class-action lawyers, who now have clearer footing to push forward the autism-related claims against Kenvue as the case moves back through the courts for further proceedings.
A federal appeals court has revived more than 500 lawsuits claiming that Tylenol use during pregnancy can cause autism or ADHD in children, dealing a fresh legal blow to Kenvue, the consumer health giant that makes the painkiller. The 2nd U.S. Circuit Court of Appeals in Manhattan ruled that a lower court judge went too far when she blocked three key expert witnesses from testifying, according to The Daily Record.
Kenvue shares fell about 1% in late-morning trading after the ruling, dropping to around $19.27 per share. The company continues to deny any proven link between its product and developmental disorders in children.
Lower Court Blocked 500 Cases Back in 2023
The legal battle stretches back to 2023, when a Manhattan federal judge threw out roughly 500 Tylenol autism cases before they could reach a jury. The judge excluded expert witnesses who would have testified that prenatal acetaminophen exposure causes autism or ADHD. Without those experts, the plaintiffs had no case, and the lawsuits collapsed, according to Tipp Insights.
That earlier ruling was seen as a major win for Kenvue. It effectively put a wall between thousands of families and a trial. But the appeals court has now torn down part of that wall, sending the cases back for further proceedings.
Appeals Court Says Judge Overstepped on Expert Witnesses
The 2nd Circuit ruled that the district court judge made a mistake by excluding three of the plaintiffs' expert witnesses. The appeals panel said the judge did not properly evaluate the quality of what those experts were saying before tossing them out, according to The Epoch Times. Two other experts were still blocked, so the ruling was a partial win for both sides.
This type of ruling is called a procedural victory. It does not mean the plaintiffs have proven their case. It means the case gets another chance in front of a lower court. Lawyers for the plaintiffs now have clearer ground to push the autism claims forward, according to The Daily Record.
Kenvue Stands Firm, Denies Any Proven Causal Link
Kenvue has consistently denied that acetaminophen — the active ingredient in Tylenol — causes autism or ADHD. The company says there is no credible scientific evidence of a causal relationship. It argues that regulatory agencies around the world continue to recognize acetaminophen as safe when used as directed, according to Zero Hedge.
The company faces a long road ahead regardless. With hundreds of cases now revived and expert witnesses allowed back in, Kenvue could face costly discovery, depositions, and potentially trials. That legal uncertainty is part of why investors reacted quickly and sent the stock lower on the day of the ruling.
What Happens Next as Cases Head Back to Court
The appeals court's decision sends the lawsuits back to the lower court for what lawyers call "further proceedings." That means a federal judge will now have to take a fresh look at the expert witnesses using the correct legal standard. If those experts are allowed to testify, the cases could eventually get in front of a jury, according to Head Topics.
The outcome matters for thousands of families who say their children developed autism after their mothers took Tylenol while pregnant. It also matters for Kenvue, which spun off from Johnson & Johnson in 2023 and now carries the full weight of this litigation on its own books.
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