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Judge smacks down Texas AG’s request to immediately block Tylenol ads

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A Texas Judge has rejected a request from Texas Attorney General Ken Paxton to issue a temporary order barring Tylenol’s maker, Kenvue, from claiming amid litigation that the pain and fever medication is safe for pregnant women and children, according to court documents.

In records filed Friday, District Judge LeAnn Rafferty, in Panola County, also rejected Paxton’s unusual request to block Kenvue from distributing $400 million in dividends to shareholders later this month.

The denials are early losses for Paxton in a politically charged case that hinges on the unproven claim that Tylenol causes autism and other disorders—a claim first introduced by President Trump and his anti-vaccine health secretary, Robert F. Kennedy Jr.

In a bizarre press conference in September, Trump implored Americans repeatedly not to take the drug. But, scientific studies have not shown that Tylenol (acetaminophen) causes autism or other neurologic disorders. Some studies have claimed to find an association between Tylenol use and autism, but the studies have significant flaws, and others have found no link. Moreover, Tylenol is considered the safest pain and fever drug for use during pregnancy, and untreated pain and fevers in pregnancy are known to cause harms, including an increased risk of autism.

Still, Paxton filed the lawsuit October 28, claiming that Kenvue and Tylenol’s former parent company, Johnson & Johnson, deceptively marketed Tylenol as safe while knowing of an increased risk of autism and other disorders. The lawsuit sought to force Kenvue to change the way it markets Tylenol and pay fines, among other requests.

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If things in America weren’t stupid enough, Texas is suing Tylenol maker

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While the underlying cause or causes of autism spectrum disorder remain elusive and appear likely to be a complex interplay of genetic and environmental factors, President Trump and his anti-vaccine health secretary Robert F. Kennedy Jr.—neither of whom have any scientific or medical background whatsoever—have decided to pin the blame on Tylenol, a common pain reliever and fever reducer that has no proven link to autism.

And now, Texas Attorney General Ken Paxton is suing the maker of Tylenol, Kenvue and Johnson & Johnson, who previously sold Tylenol, claiming that they have been “deceptively marketing Tylenol” knowing that it “leads to a significantly increased risk of autism and other disorders.”

To back that claim, Paxton relies on the “considerable body of evidence… recently highlighted by the Trump Administration.”

Of course, there is no “considerable” evidence for this claim, only tenuous associations and conflicting studies. Trump and Kennedy’s justification for blaming Tylenol was revealed in a rambling, incoherent press conference last month, in which Trump spoke of a “rumor” about Tylenol and his “opinion” on the matter. Still, he firmly warned against its use, saying well over a dozen times: “don’t take Tylenol.”

“Don’t take Tylenol. There’s no downside. Don’t take it. You’ll be uncomfortable. It won’t be as easy maybe, but don’t take it if you’re pregnant. Don’t take Tylenol and don’t give it to the baby after the baby is born,” he said.

“Scientifically unfounded”

As Ars has reported previously, there are some studies that have found an association between use of Tylenol (aka acetaminophen or paracetamol) and a higher risk of autism. But, many of the studies finding such an association have significant flaws. Other studies have found no link. That includes a highly regarded Swedish study that compared autism risk among siblings with different acetaminophen exposures during pregnancy, but otherwise similar genetic and environmental risks. Acetaminophen didn’t make a difference, suggesting other genetic and/or environmental factors might explain any associations. Further, even if there is a real association (aka a correlation) between acetaminophen use and autism risk, that does not mean the pain reliever is the cause of autism.

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