By Diana Novak Jones
(Reuters) -Kimberly-Clark said on Monday it plans to acquire Band-Aid maker Kenvue, even as the latter company faces thousands of lawsuits involving its painkiller Tylenol and talc-based baby powder, raising questions about the scope of the liabilities Kimberly-Clark might inherit.
Here is where those cases stand.
TYLENOL
On November 17, a U.S. appeals court is slated to hear arguments over whether to revive hundreds of lawsuits consolidated in multidistrict litigation filed by families who say that Kenvue’s Tylenol or generic versions of the pain-relief medication caused their children’s autism or attention deficit hyperactivity disorder. A lower court dismissed the cases last year, saying that the experts the plaintiffs relied on to make their case had failed to support their conclusions with scientific evidence.
But the 2nd U.S. Circuit Court of Appeals will be considering the appeal as Tylenol finds itself in the White House’s crosshairs over unproven claims that the drug’s use during pregnancy can cause autism in children. In a news conference in September, alongside U.S. Health Secretary Robert F. Kennedy Jr, President Donald Trump delivered medical advice to pregnant women, repeatedly telling them not to use acetaminophen, the active ingredient in Tylenol.
Attorneys for the families quickly flagged Trump’s comments to the appeals court, arguing that it should defer to the executive branch’s stance. But legal experts said at the time that it was unlikely the court would give the administration’s comments much weight.
Separately, on October 28, Texas Attorney General Ken Paxton sued Kenvue over the alleged connection. Paxton, a Republican, accused Kenvue of knowingly hiding the drug’s supposed links to autism and ADHD.
As part of the proposed acquisition, Kimberly-Clark has agreed that any event or development related to allegations that Tylenol use during pregnancy is linked to autism or ADHD in children would not be a reason for the company to back out of the agreement.
Kenvue has repeatedly defended the pain medicine, saying there is no scientific link to autism and warning that such suggestions could endanger maternal health.
Researchers say there is no firm evidence of a link between the use of Tylenol and autism.
TALC
Thousands of lawsuits against Johnson & Johnson and Kenvue, which J&J spun off in 2023, are moving forward in both federal and state courts after J&J failed to resolve the cases in bankruptcy three times.
J&J and Kenvue are facing lawsuits from more than 73,000 plaintiffs who say they were diagnosed with cancer after using baby powder and other talc products, according to court filings.
The company has said its products are safe, do not contain asbestos, and do not cause cancer.
As part of the Kenvue spinoff, J&J said it would retain all talc-related liabilities arising from litigation in the United States and Canada and would indemnify Kenvue for all costs. Kenvue would be liable for any litigation arising from talc sold outside of the U.S. or Canada, according to company filings.
Earlier this month, the first lawsuit over the talc allegations was filed in Britain against J&J and Kenvue UK Limited, a subsidiary of Kenvue. The lawsuit is brought on behalf of more than 3,000 people who allege their ovarian cancer, mesothelioma or other diseases were caused by use of J&J’s baby powder between 1965 and 2023.
(Reporting by Diana Novak Jones in Chicago; Editing by Alexia Garamfalvi and Matthew Lewis)
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