Today, the 2nd Circuit will consider whether to revive hundreds of lawsuits brought by families who say use of Tylenol and its active ingredient acetaminophen during pregnancy causes autism.
Plaintiffs are seeking to reinstate more than 500 lawsuits seeking damages from Tylenol-maker Kenvue, citing a September press conference where President Trump linked autism to Tylenol use during pregnancy.
The advice from Trump, who acknowledged he is not a doctor, goes against that of medical societies, which cite data from numerous studies showing that acetaminophen, the active ingredient in Tylenol, plays a safe role in the well-being of pregnant women. Kenvue has said that science shows Tylenol is safe and taking acetaminophen does not cause autism.
A judge last year dismissed the lawsuits saying that the experts the plaintiffs relied on had failed to support their conclusions with scientific evidence.
In a letter to the court, plaintiffs lawyer Ashley Keller argued that a ruling upholding the lower court's decision to dismiss the cases for lack of scientific evidence would pose "grave separation of powers concerns," because the Trump administration had turned to one of the same experts in developing its position.
