Litigation status

The federal cases

Many federal cases are gathered in MDL No. 3043, In re Acetaminophen – ASD-ADHD Products Liability Litigation, in the U.S. District Court for the Southern District of New York, No. 1:22-md-03043. U.S. District Judge Denise L. Cote presides.

On December 18, 2023, Judge Cote granted the defendants' motions to exclude the plaintiffs' general-causation experts. A final judgment for the defendants followed. The judgment filed on the public docket was signed on February 21, 2024, and it rested on the December 18, 2023 opinion and a January 16, 2024 order to show cause. The court did not find that acetaminophen causes autism or ADHD. It held that the plaintiffs' experts could not testify and then entered judgment because the plaintiffs lacked admissible general-causation evidence.

The July 13, 2026 appeal

On July 13, 2026, the U.S. Court of Appeals for the Second Circuit decided Rutledge v. Walgreen Co., Nos. 24-916(L) and 24-2594, together with consolidated Nos. 24-1121 and 24-2360. Phippen v. Walgreen Co. is No. 24-2594. Judge Guido Calabresi wrote the opinion. A public copy on Justia is dated July 17, 2026, and it relates to the opinion issued July 13, 2026.

The court reversed the exclusion of Drs. Andrea Baccarelli, Eric Hollander, and Brandon Pearson. It affirmed the exclusion of Drs. Cabrera and Louie. It vacated summary judgment and sent the cases back. It directed the district court to reconsider the exclusion of Dr. Ness's testimony in Phippen, which concerns ADHD. It also held that federal drug-labeling law does not preempt the state-law failure-to-warn claims.

The opinion says: "We are not deciding whether there is a general causal relationship between acetaminophen and ADHD and/or ASD." The court also said it was not deciding whether a warning is required, and it was not deciding public-health policy.

Reuters reported that the July ruling revived about 500 lawsuits. That count is Reuters's, from its October 16, 2026 report. This site does not have its own case count.

Rehearing denied

On October 16, 2026, the Second Circuit denied panel rehearing and rehearing en banc. Reuters and Law360 reported the denial. A Kenvue spokesperson told Reuters that the company plans to ask the U.S. Supreme Court to review the ruling and that it will challenge the experts again. As of October 28, 2026, this site has not found a docketed Supreme Court petition. No bellwether trial date has been announced. No settlement has been announced.

Kenvue's own statement on July 13, 2026, called the ruling procedural, said it was not a finding that acetaminophen causes autism or ADHD, and said the company stands by the safety of the product. The cases return to the district court while any further appeal is pending.

What the FDA said in September 2025

On September 22, 2025, the FDA announced that it had started a process to change the acetaminophen label and that it had sent a notice to physicians. The FDA said an association has been described in some studies, that a causal relationship has not been established, and that contrary studies exist. This site does not treat that label change as finished, because completion was not verified as of October 28, 2026. Public remarks the same day from political officials were stronger than the FDA's own letter. This page follows the FDA's words: causation has not been established. Do not stop acetaminophen based on this site. Talk with your doctor.

The Texas attorney general case

On October 28, 2025, Texas Attorney General Ken Paxton sued Johnson & Johnson and Kenvue in Panola County, Texas. The suit alleges deceptive marketing and includes a fraudulent-transfer theory about the 2023 spinoff of Kenvue. Those are allegations, not findings. Reuters reported on February 26, 2026, that Judge LeAnn Rafferty denied Kenvue's motion to dismiss in a one-sentence order. The article does not include her reasons. The same article reported that in November 2025 she rejected a request to block a dividend of about $398 million. In a September 1, 2026 report, Courthouse News said Texas asked the Fifth Circuit to make Johnson & Johnson pay fees over a last-minute removal to federal court. This page does not report an outcome of that fee request.

Kimberly-Clark and Kenvue

Reuters reported on November 3, 2025, that Kimberly-Clark had announced an acquisition of Kenvue valued at about $40 billion, and that the deal papers treated the autism and ADHD allegations as a risk that would not, by themselves, let the buyer walk away. On October 13, 2026, Reuters reported that the European Commission approved the deal on the condition that certain feminine-hygiene brands, including Kotex, Lidie, Camelia, and Record, be sold in the European Economic Area. On October 27, 2026, Kimberly-Clark extended a notes exchange offer to November 2, 2026. The company said that offer is conditioned on the acquisition closing. As of October 28, 2026, this site does not say the acquisition has closed.

A sanctions appeal, still open

On May 8, 2026, Judge Cote sanctioned Ashley Keller and Keller Postman LLC, co-lead counsel for the plaintiffs, under Rule 37. Reuters reported on May 11, 2026, that the sanction was for using documents covered by the MDL protective order in the Texas attorney general case and in a Florida state-court filing. The firm appealed to the Second Circuit. Law.com reported on July 28, 2026, that Keller also asked the appeals court to assign the MDL to a different judge. Law.com reported on October 26, 2026, that Kenvue asked the Second Circuit to leave the sanctions in place and described the appeal as an attempt to reassign the MDL. As of October 28, 2026, this site does not treat that appeal as decided.

Other courts and deadlines

People may file in state court as well as in the federal MDL. This site does not publish a count of those private cases. The sanctions record refers to a Florida state-court filing and to the Texas attorney general case. Statutes of limitations, and rules that toll a deadline for a minor, vary by state. A lawyer has to check the specific state. This page does not invent a deadline.

Primary reports are linked from the source list shipped with this project. Nothing above is a prediction of what the district court, the Supreme Court, or a jury will do.