Texas sues Tylenol makers, claiming they hid drug's autism risks • FRANCE 24 English

By FRANCE 24 English

Pharmaceutical LitigationConsumer Protection LawProduct LiabilityCorporate Spin-offs
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Key Concepts

  • Acetaminophen (Paracetamol): The active ingredient in Tylenol, a common pain reliever.
  • Autism Spectrum Disorder (ASD): A neurodevelopmental disorder characterized by challenges with social interaction and communication.
  • Attention-Deficit/Hyperactivity Disorder (ADHD): A neurodevelopmental disorder characterized by inattention and/or hyperactivity-impulsivity.
  • Consumer Protection Laws: Legislation designed to protect consumers from unfair or deceptive business practices.
  • Deceptive Marketing: The act of misleading consumers about a product's benefits or risks.
  • Spin-off Company: A new company created by separating a division or subsidiary from a larger corporation.
  • Liability: Legal responsibility for one's actions or omissions.
  • Opioid Crisis: A public health emergency in the United States related to the overuse and misuse of opioid drugs.
  • Talcum Powder Lawsuits: Legal actions against Johnson & Johnson alleging that their talcum powder caused cancer.

Texas Lawsuit Against Johnson & Johnson and Kenview

1. Main Topics and Key Points:

  • Lawsuit Filing: The state of Texas has filed a lawsuit against Johnson & Johnson and its spin-off company, Kenview.
  • Allegation: The core claim is that these companies hid the risks that Tylenol (specifically its active ingredient, acetaminophen/paracetamol) posed to the brain development of children.
  • Specific Risks Cited: The lawsuit alleges that prenatal exposure to paracetamol poses a significant risk of autism or ADHD to the child.
  • Consumer Protection Violation: Texas asserts that the companies violated consumer protection laws by "deceptively marketing" Tylenol as the only safe painkiller for pregnant women.
  • Lack of Scientific Evidence: The lawsuit is filed despite a lack of scientific evidence to back up the claim linking Tylenol to autism.

2. Important Examples, Case Studies, or Real-World Applications:

  • Tylenol: The specific drug at the center of the lawsuit, sold by Johnson & Johnson for decades and by Kenview since 2023.
  • Federal Lawsuits: The Texas lawsuit follows hundreds of similar federal lawsuits against Tylenol, which have been dismissed by judges due to a lack of scientific foundation. Some of these dismissals are currently under appeal.

3. Step-by-Step Processes, Methodologies, or Frameworks Explained:

  • Johnson & Johnson's Spin-off: Johnson & Johnson divested its consumer health business to Kenview in 2021, with the spin-off completed in 2023. This move transferred ownership of brands like Tylenol, Band-Aid, and Johnson's baby shampoo to Kenview. Johnson & Johnson stated this was to focus on its pharmaceutical and medical device businesses.
  • Texas's Legal Strategy: Texas is "forging its own path" with this lawsuit, distinct from the previously dismissed federal cases.

4. Key Arguments or Perspectives Presented, with their Supporting Evidence:

  • Texas's Argument:
    • Companies hid risks of Tylenol to children's brain development.
    • Prenatal exposure to paracetamol poses a significant risk of autism or ADHD.
    • Companies deceptively marketed Tylenol as the only safe painkiller for pregnant women.
    • Johnson & Johnson intentionally spun off its business to Kenview to shield itself from liability related to Tylenol. (Note: The complaint does not currently provide evidence for this specific claim).
  • Kenview's (and Johnson & Johnson's) Defense:
    • "Rigorous independent research endorsed by leading medical professionals" shows no proven link between Tylenol and autism.
    • They "stand firmly with the global medical community that acknowledges the safety of acetaminophen."
    • They believe they will be successful in litigation as these claims "lack legal merits and scientific support."
  • Trump Administration's Stance:
    • President Trump claimed last month that Tylenol use during pregnancy can cause autism (this link is unproven).
    • The Trump administration, including Health and Human Services Secretary Robert RFK Jr., issued new guidance raising similar concerns about acetaminophen use in pregnant women.
    • Donald Trump has repeated these claims online, advising pregnant women not to take the drug.

5. Notable Quotes or Significant Statements with Proper Attribution:

  • Kenview's statement: "We stand firmly with the global medical community that acknowledges the safety of of acetto menophen and believe we will continue to be successful in litigation as these claims lack legal merits and scientific support."
  • Texas's claim of deceptive marketing: "deceptively marketed Tylenol as the only safe painkiller for pregnant women."

6. Technical Terms, Concepts, or Specialized Vocabulary with Brief Explanations:

  • Acetaminophen/Paracetamol: The active pharmaceutical ingredient in Tylenol, used for pain relief and fever reduction.
  • Spin-off: A corporate restructuring where a parent company separates a division into a new, independent entity.
  • Divested: Sold off or disposed of a business unit or asset.
  • Consumer Protection Laws: Legal statutes designed to safeguard consumers from fraudulent or unfair business practices.
  • Liability: Legal responsibility for harm or damages caused.

7. Logical Connections Between Different Sections and Ideas:

  • The lawsuit by Texas is presented as a consequence of a broader online theory and recent pronouncements from the Trump administration regarding the potential link between Tylenol and autism.
  • The legal responsibility for Tylenol is clarified by explaining Johnson & Johnson's spin-off of its consumer health division to Kenview, though Texas's lawsuit also targets Johnson & Johnson, alleging a motive to avoid liability.
  • The defense from Kenview and Johnson & Johnson directly counters the allegations by citing scientific consensus and the lack of evidence.

8. Any Data, Research Findings, or Statistics Mentioned:

  • "Hundreds of similar federal lawsuits against Tylenol, which have been dismissed by judges for lack of scientific founding."
  • The lawsuit is filed "despite a lack of scientific evidence to back up that claim."

9. Clear Section Headings for Different Topics if Multiple Areas are Covered:

  • Texas Lawsuit Against Johnson & Johnson and Kenview
  • Allegations and Claims
  • Company Responses and Defenses
  • Background and Context
  • Corporate Restructuring and Liability

10. A Brief Synthesis/Conclusion of the Main Takeaways:

The state of Texas has initiated a lawsuit against Johnson & Johnson and its spin-off Kenview, alleging that they failed to disclose risks associated with Tylenol's active ingredient, acetaminophen, concerning children's brain development, specifically linking it to autism and ADHD. This action follows a wave of similar, largely unsuccessful federal lawsuits and recent public statements from the Trump administration. While Kenview and Johnson & Johnson vehemently deny these claims, asserting the safety of acetaminophen based on scientific consensus, Texas's lawsuit also probes Johnson & Johnson's motives behind the spin-off, suggesting an attempt to evade liability. The case highlights the ongoing debate and legal challenges surrounding the safety of common medications during pregnancy, particularly in the absence of definitive scientific proof.

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