Texas Attorney General Ken Paxton is taking on the biggest threat to his constituents: Tylenol.
On Tuesday, the Republican filed a lawsuit against Johnson & Johnson and its spinoff Kenvue, accusing the companies of failing to warn consumers about the risks of taking acetaminophen during pregnancy and its supposed links to autism.
Texas Attorney General Ken Paxton
The case marks the first time a state has sued over alleged links between Tylenol and neurodevelopmental disorders—and it arrives just weeks after President Donald Trump and Health and Human Services Secretary Robert F. Kennedy Jr. publicly warned against using acetaminophen while pregnant.
That guidance sparked sharp pushback from medical experts, who note that research on the issue remains inconclusive and no consensus links acetaminophen use during pregnancy to neurodevelopmental disorders like autism.
Paxton’s suit leans on Trump’s recent guidance, which he claims “confirmed what Defendants knew for years: acetaminophen use during pregnancy likely causes conditions like [autism spectrum disorder] and ADHD.”
He also argues that Johnson & Johnson and Kenvue violated the Texas Deceptive Trade Practices–Consumer Protection Act by allegedly withholding evidence of those risks.
The state’s lawsuit has requested a jury trial and, in part, calls for the companies to “destroy any marketing or advertising materials in their possession that represent, directly or indirectly, that Tylenol is safe for pregnant women and children.”
It also demands that the companies pay civil penalties of $10,000 per violation.
“Big Pharma betrayed America by profiting off of pain and pushing pills regardless of the risks. These corporations lied for decades, knowingly endangering millions to line their pockets,” Paxton said in a statement Tuesday. “By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.”
A cartoon by Clay Bennett.
Both companies rejected the claims outright.
“We will vigorously defend ourselves against these claims and will respond per the legal process,” Kenvue spokesperson Melissa Witt said in a statement Tuesday. “We stand firmly with the global medical community that acknowledges the safety of acetaminophen.”
Similarly, Johnson & Johnson spokesperson Clare Boyle said that the company “divested its consumer health business years ago” and that “all rights and liabilities associated with the sale of its over-the-counter products, including Tylenol, are owned by Kenvue.”
The lawsuit also revives a long-running allegation that Johnson & Johnson “fraudulently transferred its Tylenol-related liabilities” to Kenvue to shield itself from financial exposure. Johnson & Johnson finalized the spinoff in 2023, transferring well-known household brands like Tylenol, Band-Aid, and Johnson’s Baby Shampoo to the new company.
For years, individual plaintiffs have pursued similar claims in court, arguing that taking Tylenol during pregnancy led to autism or ADHD diagnoses in their children. Those cases were consolidated into federal multidistrict litigation, but a New York judge dismissed them earlier this year, citing a lack of reliable scientific evidence. The plaintiffs appealed and have a hearing set for Nov. 17.
Filing his own suit fits a familiar pattern for Paxton, who has repeatedly used the courts to signal alignment with Trump’s agenda. He has challenged the results of the 2020 election, targeted immigrant rights groups, and sued Democratic lawmakers during Texas’s redistricting battles.
President Donald Trump speaks during a press conference with Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Medicare & Medicaid Services administrator Dr. Mehmet Oz.
Though not always successful, Paxton’s cases have cemented him as a right-wing fighter in Texas politics.
Paxton, who is running to unseat Texas Sen. John Cornyn in next year’s GOP primary, filed the Tylenol suit in a conservative county near the Louisiana border—a venue that could favor his claims.
While the suit argues that Johnson & Johnson misled consumers about the risks of acetaminophen and that Kenvue’s creation was part of a corporate maneuver to dodge liability, it offers little evidence.
Meanwhile, Trump has continued to amplify his claims.
“Pregnant Women, DON’T USE TYLENOL UNLESS ABSOLUTELY NECESSARY,” he posted on Truth Social Sunday.
Paxton’s lawsuit faces long odds. Texas courts are tough on complicated product liability cases, and his argument doesn’t rest on proving a scientific link but rather on proving that the companies misled consumers.
Even so, it further aligns him with Trump in a state where that loyalty can make all the difference.
