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US appeals court to weigh whether to revive more than 500

lawsuits

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Lawsuits were dismissed after judge criticized the science

put

forward by plaintiffs

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Trump administration has focused on Tylenol, merger

between

Kenvue ( KVUE ) and Kimberly-Clark ( KMB )

By Diana Novak Jones

CHICAGO, Nov 17 (Reuters) - A U.S. appeals court is

expected to hear arguments on Monday from families seeking to

revive their lawsuits over Tylenol, after the Trump

administration publicly promoted their claims that the popular

painkiller is linked to autism in children.

In urging the appeals court to reinstate more than 500

lawsuits seeking damages from Tylenol maker Kenvue ( KVUE ), the

plaintiffs cited a September press conference where President

Donald Trump and his top health officials linked autism to

Tylenol use.

A lower-court judge tossed out the lawsuits in 2024 after

criticizing the methods of the experts the plaintiffs put

forward to support their claims.

Researchers say

there is no firm evidence of a link between autism and the

use of Tylenol or its generic equivalent, acetaminophen. Kenvue ( KVUE )

has said that science shows Tylenol is safe and taking

acetaminophen does not cause autism.

A spokesperson for Kenvue ( KVUE ) said the company believes the lower

court's ruling on the experts was correct.

An attorney for the plaintiffs did not respond to a request for

comment. The plaintiffs have argued that the lower-court judge

did not properly consider the experts' opinions.

It is not clear whether a ruling by the 2nd U.S. Circuit Court

of Appeals reviving the cases would have major implications for

the planned acquisition of Kenvue ( KVUE ) by Kimberly-Clark ( KMB ), which

announced on November 3 that it will pay more than $40 billion

to buy the former Johnson & Johnson unit. The deal is set to

close next year.

In documents laying out the plan for the merger filed with

the U.S. Securities and Exchange Commission, the companies said

that any "condition, development or occurrence" related to

allegations of a link between autism or attention deficit

hyperactivity disorder (ADHD) and Tylenol use in pregnancy would

not be a reason for Kimberly-Clark ( KMB ) to back out of the agreement.

Kenvue ( KVUE ) is separately defending a lawsuit brought by Texas

Attorney General Ken Paxton that alleges the company concealed

risks to children from the use of Tylenol by pregnant women. On

Friday, a Texas judge declined Paxton's request to block Kenvue ( KVUE )

from paying its scheduled $398 million shareholder dividend

later this month.

The judge also rejected Paxton's request to temporarily

order Kenvue ( KVUE ) to modify its marketing.

In December 2023, U.S. District Judge Denise Cote in Manhattan,

who is overseeing the centralized litigation over the families'

claims against Kenvue ( KVUE ), wrote that expert witnesses put forth by

the plaintiffs "obscured the complexities, inconsistencies, and

weaknesses in the underlying data."

The plaintiffs appealed in April 2024, and after the White House

press conference they sent the appeals court a letter urging it

to consider Trump's comments.