Texas Appeals Court Signals J&J and Kenvue May Be Dismissed from Tylenol Autism Lawsuit
Key Insights
The Texas statewide appeals court indicated during oral arguments that Johnson & Johnson and Kenvue may not be proper defendants in the state's lawsuit alleging Tylenol causes autism (search) in children.
Chief Justice Scott Brister questioned the state's rationale, noting that neither J&J nor Kenvue directly market or sell Tylenol in Texas.
The lawsuit, brought by Texas Attorney General Ken Paxton, targets the parent companies rather than the entity that actually sells the pain reliever in the state.
The Texas statewide appeals court signaled during oral arguments on Thursday that Johnson & Johnson and Kenvue Inc. (search) should be dismissed from a lawsuit brought by Texas Attorney General Ken Paxton alleging that the pain reliever Tylenol causes autism (search) in children.
Chief Justice Scott Brister directly challenged the state's legal strategy, questioning why the parent companies were named as defendants when they do not market or sell Tylenol within Texas. "I get you're angry at them but what did the parent do and what did the former parent do?" Brister asked a lawyer representing the state, according to Bloomberg Law.
The lawsuit, filed by Attorney General Ken Paxton, a Republican, targets the former and current parent companies of the entity that sells Tylenol. However, the appeals court's line of questioning suggests that Kenvue Inc. (search) and Johnson & Johnson may not be proper defendants in the case, as neither company directly markets or sells the over-the-counter pain reliever in the state.
The court's skepticism toward including the parent companies could significantly narrow the scope of the litigation, potentially limiting the case to the entity directly responsible for Tylenol's sale and distribution in Texas. The outcome of this procedural challenge may shape how similar lawsuits against pharmaceutical parent companies are structured in the future.