Tylenol and Autism Link: Judge Dismisses Parts of Texas’ Case – What’s Next for Plaintiffs?
Introduction:
The question of whether prenatal exposure to acetaminophen, commonly known as Tylenol, increases the risk of autism spectrum disorder (ASD) in children has become a hotly debated topic, sparking numerous lawsuits against Tylenol manufacturers and retailers. While studies have suggested a potential link, the legal landscape remains complex and uncertain. Recently, a judge dismissed parts of Texas’ case against Tylenol, leaving many plaintiffs wondering about their next steps. This blog post will delve into the details of the Texas case, explore the current status of the Tylenol autism litigation, and discuss the options available for plaintiffs seeking compensation for their children’s conditions. It’s estimated that 65% of pregnant women use acetaminophen, making this a widespread concern.
The Texas Lawsuit: Allegations and Dismissals
In October 2025, Texas Attorney General Ken Paxton filed a lawsuit against Johnson & Johnson and Kenvue, the makers of Tylenol, accusing them of deceptively marketing the pain reliever to pregnant mothers and concealing the potential risks of autism and ADHD in children. The lawsuit alleged that the companies violated Texas consumer protection laws and fraudulently transferred liabilities to shield assets from lawsuits. Texas sought financial penalties and an order requiring the companies to destroy marketing materials that represent Tylenol as safe for pregnant women and children.
However, in November 2025, a Texas judge dismissed parts of the case, specifically declining to block Kenvue from paying a $398 million shareholder dividend. The judge also rejected a request to temporarily order Kenvue to modify its marketing. While this ruling is a setback for Texas, the state may still pursue other aspects of the case.
Federal Multidistrict Litigation (MDL): A Rocky Road
The Tylenol autism litigation has also been playing out in federal courts. Hundreds of similar lawsuits filed across the country were consolidated into a multidistrict litigation (MDL No. 3043) in the Southern District of New York. However, the MDL has faced significant challenges.
In December 2023, Judge Denise Cote, who presided over the MDL, excluded all of the plaintiffs’ expert witnesses, ruling that their scientific basis for general causation did not meet federal standards. This decision effectively dismissed the MDL, as the plaintiffs could not establish a reliable link between prenatal Tylenol exposure and autism or ADHD without expert testimony.
The plaintiffs appealed Judge Cote’s decision to the Second Circuit Court of Appeals. Oral arguments were heard in December 2024, but as of November 2025, the appellate court has not yet issued a ruling. The appeal challenges Judge Cote’s decision to exclude the plaintiffs’ expert testimony, arguing that she disregarded peer-reviewed scientific methodologies and applied her own criteria.
The Linchpin: Expert Testimony and Causation
Expert testimony is crucial in Tylenol autism lawsuits. Plaintiffs must present credible scientific evidence to demonstrate that prenatal Tylenol exposure can cause autism. However, establishing causation has been a major hurdle.
While several studies have found associations between prenatal acetaminophen use and increased risks of neurodevelopmental disorders, most of the evidence is observational and subject to confounding factors. Regulatory agencies, including the FDA, have acknowledged these associations but have not concluded that a causal link exists.
In the federal MDL, the court excluded the plaintiffs’ expert opinions because their methodologies lacked reliability, they overreached in interpreting data, they failed to adequately address confounding variables, and their conclusions were not broadly accepted in the relevant scientific communities.
State Court Lawsuits: A New Avenue for Plaintiffs
With the federal MDL stalled, many families have begun filing or pursuing similar claims in state courts across the country, including California, Illinois, Pennsylvania, and New Jersey. These state cases are significant because judges there are not bound by Judge Cote’s federal ruling on expert testimony. A state court could allow experts to testify about the possible connection between prenatal Tylenol use and autism or ADHD, even if federal judges have refused.
Plaintiffs’ attorneys are betting that sympathetic jurors, presented with stories of struggling families and emerging science, might be willing to award significant compensation. If even one state jury sides with plaintiffs, it could ignite momentum for settlements or spark a wave of similar claims across the country.
FDA’s Role and Labeling Changes
The FDA is considering new labels for Tylenol and its generic versions to warn about the potential risks of prenatal acetaminophen exposure. In September 2025, the FDA told doctors to alert patients to what it said was growing evidence suggesting Tylenol use during pregnancy has a link to autism.
Advice for Plaintiffs: What to Do Next
If you believe that your child’s autism diagnosis is linked to your use of Tylenol during pregnancy, here are some steps you can take:
- Consult with an attorney: Contact a personal injury lawyer experienced in pharmaceutical litigation and mass torts. They can evaluate your case, explain your legal options, and guide you through the process.
- Gather evidence: Collect any relevant documents, such as medical records, Tylenol purchase receipts, and information about your Tylenol usage during pregnancy.
- Consider state court options: Explore the possibility of filing a lawsuit in state court, where the standards for admitting expert testimony may be more favorable.
- Stay informed: Keep up-to-date on the latest developments in the Tylenol autism litigation, including any rulings from the Second Circuit Court of Appeals and progress in state court cases.
Conclusion:
The Tylenol autism litigation is a complex and evolving legal landscape. While the dismissal of parts of Texas’ case and the challenges in the federal MDL are setbacks for plaintiffs, the fight is far from over. State court lawsuits offer a new avenue for pursuing claims, and the FDA’s consideration of new warning labels could raise awareness of the potential risks of prenatal Tylenol exposure. If you believe your child’s autism is linked to Tylenol use during pregnancy, it’s essential to consult with an attorney and explore your legal options.
Call to Action:
If your child has been diagnosed with autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD) and you took Tylenol (acetaminophen) while pregnant, you may be entitled to compensation. Contact our firm today for a free consultation to discuss your legal options.