Kenvue loses appeal bid in Tylenol lawsuits
- A U.S. appeals court rejected Kenvue's request to reconsider a July ruling reviving approximately 500 lawsuits alleging that prenatal Tylenol exposure contributed to autism or ADHD in children.
- The decision leaves the earlier ruling in place, allowing the litigation to proceed through further court proceedings, although it does not establish that Tylenol caused either condition.
- Kenvue plans to seek U.S. Supreme Court review and continues to defend Tylenol's safety; the company disputes the plaintiffs' scientific claims.
Kenvue (NYSE:KVUE) lost its bid to reconsider a federal appeals ruling reviving approximately 500 lawsuits alleging prenatal Tylenol exposure caused autism or ADHD.
The Second U.S. Circuit Court of Appeals denied rehearing on October 16, leaving its July decision overturning the lawsuits' earlier dismissal intact.
Kenvue argued that district judges are the “true gatekeepers” of expert evidence, maintaining that trial courts should independently determine its scientific reliability.
The July ruling found that a lower court improperly excluded testimony from three doctors supporting plaintiffs' claims, without determining whether Tylenol causes autism.
Kenvue intends to seek Supreme Court review and defend its product's safety.
The lawsuits involve allegations that acetaminophen, Tylenol's active ingredient, increased developmental risks when used during pregnancy, although causation has not been established.
Kenvue was separated from Johnson & Johnson in 2023 and faces the renewed litigation alongside other product-related legal claims.
