Texas Attorney General Ken Paxton has secured a temporary restraining order against pharmaceutical giants Johnson & Johnson and Kenvue, escalating his battle against what he calls “Big Pharma’s betrayal of America” through the marketing of acetaminophen products to pregnant women.
The legal action, filed in a Texas court, alleges the companies marketed Tylenol and other acetaminophen products to expectant mothers despite internal knowledge of potential links to autism and ADHD in children exposed prenatally. Paxton also claims both companies have been operating illegally in Texas without proper business registrations, despite generating billions in revenue from the state’s consumers.
Unregistered and Unrepentant
“I will not allow Big Pharma to operate above the law or put their greed ahead of Texans’ well-being,” Paxton declared after securing the restraining order. “Kenvue and J&J have shown themselves to be corporations focused on seeking profits above all else, no matter how unethical or illegal their actions may be.”
According to the lawsuit, Johnson & Johnson’s Texas business registration had lapsed into inactive status, while Kenvue — the consumer health division that was spun off from J&J in 2023 — allegedly never registered at all. This violates Chapter 9 of the Texas Business Organizations Code, which requires foreign corporations to maintain proper registration to conduct business in the state.
But the registration issue is just one facet of Paxton’s broader legal offensive. The more explosive allegations center on what the companies allegedly knew about acetaminophen’s potential risks.
“Big Pharma betrayed America by profiting off of pain and pushing pills regardless of the risks,” Paxton stated. “These corporations lied for decades, knowingly endangering millions to line their pockets.”
Scientific Controversy
The lawsuit represents the first state government action targeting the alleged connection between prenatal acetaminophen exposure and neurodevelopmental disorders. Paxton’s office claims the companies “willfully ignored and attempted to silence the science” linking the medication to autism and ADHD.
Kenvue has firmly rejected these assertions. The company maintains there is “no causal link between acetaminophen use during pregnancy and autism” and emphasizes that patients should consult healthcare professionals before taking any medication during pregnancy, as is standard practice.
Scientific consensus on this issue remains elusive. While some studies have suggested potential associations between prenatal acetaminophen exposure and neurodevelopmental outcomes, the research has limitations and hasn’t definitively established causation.
Is this a legitimate public health concern or politically motivated litigation? The question looms large over the case, especially as similar claims have faced judicial skepticism elsewhere.
Corporate Maneuvers
The Texas lawsuit also alleges that Johnson & Johnson engaged in a strategic corporate restructuring to shield itself from liability. By spinning off its consumer health division as Kenvue in 2023, Paxton claims J&J attempted to insulate its more profitable pharmaceutical and medical device businesses from potential acetaminophen litigation.
This corporate separation hasn’t shielded either company from Paxton’s legal offensive, however. Both entities face allegations of violating Texas consumer protection laws through deceptive marketing practices.
The legal battle has already seen its first skirmish over money. A judge recently refused to block Johnson & Johnson from paying $400 million in dividends to shareholders, despite the Texas AG’s request to freeze these payments during the litigation.
That said, the legal landscape for these claims remains uncertain. A similar civil lawsuit against Kenvue was previously dismissed by a judge who cited lack of evidence, though that decision is now under appeal with hearings scheduled for November in New York.
For now, Johnson & Johnson and Kenvue must contend with Paxton’s aggressive legal strategy in a state known for its tough stance on corporate accountability. The Texas Attorney General has framed his crusade in sweeping terms: “By holding Big Pharma accountable for poisoning our people, we will help Make America Healthy Again.”
