MDL Track
MDL 3043
S.D.N.Y.
Acetaminophen ASD/ADHD products liability
58 pending
Pharmaceutical · claims focused on acetaminophen exposure and alleged developmental injuries
Defendant
Johnson & Johnson Consumer Inc.
MDL / Track
MDL 3043
S.D.N.Y.
Judge
Judge Denise L. Cote
Plaintiffs
Bellwether / Trial
No verdicts
Settlement Status
No settlements
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Case overview
The Tylenol/acetaminophen ASD-ADHD MDL (No. 22-3043, S.D.N.Y., Judge Denise Cote) collapsed in federal court after Cote excluded all five plaintiffs' general causation experts in December 2023, followed by her March 2024 exclusion of replacement expert Dr. Roberta Ness. Texas AG Ken Paxton filed a state enforcement action in October 2025 (Panola County, Texas) against Johnson & Johnson and Kenvue alleging fraudulent transfer of Tylenol liabilities and DTPA violations, citing a federal health advisory as newly confirming the causation link. Plaintiffs are pivoting to state-court filings.
Causation Theory
Plaintiffs' theory rests on epidemiological studies finding associations between prenatal acetaminophen exposure and neurodevelopmental disorders, including a 2019 Johns Hopkins Bloomberg School study and a 2021 Nature Reviews Endocrinology consensus statement. The FDA concluded in 2023 that available evidence was "unable to support a determination of causality," a finding Judge Cote relied upon to exclude expert testimony. The Texas AG's October 2025 petition references a federal health advisory, though specific agency attribution and content remain unclear from available sources.
Case Management Orders
Litigation status
The Tylenol/acetaminophen MDL 3043 was dismissed in its entirety on December 18, 2023, when Judge Denise L. Cote excluded all five plaintiffs' general causation experts under Daubert and granted summary judgment. Plaintiffs appealed to the Second Circuit (Case No. 25-307). Oral arguments were originally scheduled for October 6, 2025, then delayed to November 17, 2025, after President Trump and HHS Secretary Kennedy issued public statements linking acetaminophen to neurodevelopmental risks. The MDL was administratively reopened in November 2024 to accept six tag-along cases but remains dormant pending appellate resolution.
MDL Track
MDL 3043
S.D.N.Y.
Acetaminophen ASD/ADHD products liability
58 pending
State Court Activity
Limited; scattered individual cases in Illinois and other jurisdictions but no coordinated state-court mass tort
MDL 3043 Leadership
Plaintiff Leadership
Plaintiffs' Co-Lead Counsel
Plaintiffs' Liaison Counsel
Plaintiffs' Executive Committee
Law & Briefing Committee Chair
Early Vetting/Bellwether Selection Committee Chair
Discovery/ESI Committee Chair
Science & Expert Committee Chair
Settlement/Lien Resolution Committee Chair
Plaintiffs' Steering Committee
Defense Leadership
Defense Liaison Counsel
Retailer Liaison Committee
Manufacturer Liaison
Geographic exposure
Approximately 65% of pregnant women nationally used acetaminophen during pregnancy per cited epidemiological data; estimated tens of billions in potential damages per Texas AG complaint. MDL 3043 collapse shifts litigation to state courts and AG enforcement actions. Texas enforcement action (Oct. 2025) opens new front for state-level recovery.
State AG enforcement action filed October 27, 2025 in Panola County District Court (Texas v. Johnson & Johnson and Kenvue) alleging DTPA violations for deceptive marketing of acetaminophen to pregnant women; seeks monetary penalties exceeding $250,000 and marketing restrictions. Complaint cites ~65% prenatal usage rate. Fraudulent transfer claim alleges J&J shed Tylenol liabilities to Kenvue in 2023 to evade exposure.
MDL No. 3043 (In re: Acetaminophen – ASD/ADHD Products Liability Litigation) before Senior District Judge Denise L. Cote. Centralized October 5, 2022; 66 actions transferred from seven districts. April 2023: Cote denied J&J motion to dismiss on federal preemption. General causation experts later excluded under Daubert, collapsing MDL. Retailer defendants: CVS, Costco, Walgreens, Rite Aid, Safeway, Target, Walmart, Family Dollar, Dollar Tree.
MDL No. 2436 (In re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation) before Judge Lawrence F. Stengel. Liver injury/failure cases. Terry v. McNeil-PPC, Inc., 2:12-cv-07263, designated bellwether; Alabama wrongful death plaintiff alleging acute liver failure from directed use of Extra Strength Tylenol.
Individual bellwether plaintiff Rana Terry (estate of Denice Hayes) — decedent purchased, used, treated, and died in Alabama. Exposure: Extra Strength Tylenol at labeled dosage.
J&J principal place of business (New Brunswick); McNeil Consumer Healthcare headquartered in Fort Washington, Pennsylvania. Choice-of-law battleground for punitive damages claims in MDL 2436.
Proposed transferee district in JPML briefing (Northern District of California supported by some plaintiffs). High volume acetaminophen sales, large birth cohorts 2000-2020.
Alternative transferee proposal; Target Corporation headquartered in Minneapolis.
Key defendants
Johnson & Johnson Consumer Inc.
Role: Manufacturer
Core manufacturer defendant in MDL 3043 (S.D.N.Y., Judge Cote). Survived motion to dismiss in Chapman v. Walmart, 22cv8830; court found Nevada failure-to-warn claims adequately pled. Preemption defense rejected in Nov. 2022 order. Currently facing general causation discovery and Daubert briefing.
Johnson & Johnson
Role: Parent/Former Manufacturer
Named in Texas AG suit (Panola County, filed Oct. 2025) for fraudulent transfer of Tylenol liabilities to Kenvue. Alleged to have known of ASD/ADHD risks. State seeks injunctive relief and penalties under Texas DTPA and UFTA.
Kenvue, Inc.
Role: Successor Manufacturer
Delaware successor entity that allegedly received fraudulent transfer of Tylenol liabilities from J&J. Named as defendant in Texas AG action. Principal place of business New Jersey; conducts business in Texas.
Kenvue Brands LLC
Role: Successor Manufacturer
f/k/a Johnson & Johnson Consumer Inc. Named alongside Kenvue, Inc. in Texas AG fraudulent transfer suit. Same litigation posture as Kenvue, Inc.—primary exposure is successor liability and UFTA claims.
Walmart, Inc.
Role: Retailer Defendant
Named retailer defendant in MDL 3043. Survived motion to dismiss in Chapman, 22cv8830. Court rejected argument that retailer lacked duty to warn. Currently in general causation discovery phase alongside other retailers.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Johnson & Johnson Consumer Inc. | Manufacturer | Core manufacturer defendant in MDL 3043 (S.D.N.Y., Judge Cote). Survived motion to dismiss in Chapman v. Walmart, 22cv8830; court found Nevada failure-to-warn claims adequately pled. Preemption defense rejected in Nov. 2022 order. Currently facing general causation discovery and Daubert briefing. |
| Johnson & Johnson | Parent/Former Manufacturer | Named in Texas AG suit (Panola County, filed Oct. 2025) for fraudulent transfer of Tylenol liabilities to Kenvue. Alleged to have known of ASD/ADHD risks. State seeks injunctive relief and penalties under Texas DTPA and UFTA. |
| Kenvue, Inc. | Successor Manufacturer | Delaware successor entity that allegedly received fraudulent transfer of Tylenol liabilities from J&J. Named as defendant in Texas AG action. Principal place of business New Jersey; conducts business in Texas. |
| Kenvue Brands LLC | Successor Manufacturer | f/k/a Johnson & Johnson Consumer Inc. Named alongside Kenvue, Inc. in Texas AG fraudulent transfer suit. Same litigation posture as Kenvue, Inc.—primary exposure is successor liability and UFTA claims. |
| Walmart, Inc. | Retailer Defendant | Named retailer defendant in MDL 3043. Survived motion to dismiss in Chapman, 22cv8830. Court rejected argument that retailer lacked duty to warn. Currently in general causation discovery phase alongside other retailers. |
Timeline
First Epidemiological Study Links Prenatal APAP to ADHD
Study published in JAMA Pediatrics finds association between maternal acetaminophen use during pregnancy and increased risk of ADHD-like behaviors in children. Marks beginning of scientific foundation for later litigation.
Autism Link Studies Published; Litigation Awareness Grows
Additional epidemiological studies examine umbilical cord blood and maternal self-reporting data, strengthening correlation claims between prenatal acetaminophen exposure and autism spectrum disorder. Plaintiff firms begin reviewing data.
JPML Consolidates Autism/ADHD Cases in SDNY MDL
Judicial Panel on Multidistrict Litigation transfers approximately 66 lawsuits to Senior District Judge Denise Cote in the Southern District of New York, creating MDL No. 3043, In re: Acetaminophen – ASD-ADHD Products Liability Litigation.
Judge Cote Rejects Walmart Preemption Defense
MDL Judge Denise Cote rules against Walmart's federal preemption argument, allowing state-law failure-to-warn claims to proceed. First major substantive ruling in consolidated litigation.
Judge Cote Rejects J&J Preemption Defense
Judge Cote rules against Johnson & Johnson's preemption motion, second major defendant to lose federal preemption challenge in MDL. Defendants continue contesting causation and duty to warn.
Daubert Motions Filed; General Causation Hearing Set
Defendants file motions to exclude plaintiffs' general causation expert testimony under Daubert standards. Judge Cote institutes 'rocket docket' scheduling dedicated Daubert hearing for first week of December 2023.
Judge Cote Dismisses Federal MDL Cases
Judge Cote issues 148-page opinion excluding plaintiffs' general-causation experts under Daubert and dismissing all federal Tylenol autism cases for lack of reliable scientific evidence. MDL effectively terminated.
FDA Issues Statement on APAP-Pregnancy Association
FDA responds to evidence of possible association between autism and acetaminophen use during pregnancy, confirming agency review of emerging data. Cited in subsequent Texas litigation.
Texas AG Files Consumer Protection Suit Against J&J, Kenvue
Texas Attorney General files state-court action in Panola County alleging deceptive marketing of acetaminophen as safe during pregnancy and fraudulent transfer of Tylenol liabilities to Kenvue. Case cites Texas DTPA and Uniform Fraudulent Transfer Act.
Statute of limitations
Federal preemption defenses rejected in MDL 22-3043 per Judge Cote's rulings, but general causation Daubert standard presents threshold barrier. Minor tolling varies by state; intake must verify date of majority and discovery timing. No active revival statutes identified as of March 2026.
New York
3 years from discovery
Rule: CPLR § 214(2) products liability; discovery rule applies for latent injuries
Discovery: Accrues when injury is discovered or should have been discovered through reasonable diligence; for minors, tolling until age 18 plus 3 years
MDL 22-3043 (Cote, J.) reopened Nov. 12, 2024 after closure Aug. 26, 2024; new filings accepted. Daubert hearing completed Dec. 2023; general causation experts largely excluded per Dec. 18, 2023 order (Dkt. 1381). Intake viable but causation hurdles remain.
California
2 years from discovery
Rule: Cal. Code Civ. Proc. § 335.1; discovery rule applies per Jolly v. Eli Lilly & Co., 751 P.2d 923 (Cal. 1988)
Discovery: Accrues when plaintiff knows or should know of injury and its probable cause; minor tolling until age 18
No revival statute active. Significant plaintiff pool given birth cohort exposure data.
Texas
2 years from discovery
Rule: Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies
Discovery: Accrues when injury becomes inherently undiscoverable and objectively apparent to reasonable person
Judge Cote dismissed Texas-law complaints without prejudice due to Texas statutory 'safe harbor' preemption for retailers (Tex. Civ. Prac. & Rem. Code § 82.007). J&J claims remain viable but retailer claims face preemption barrier.
⚠Florida
2 years from discovery
Rule: Fla. Stat. § 95.11(3)(a), (e); reduced from 4 years effective March 24, 2023 (HB 837)
Discovery: Accrues when facts giving rise to cause of action are discovered or should have been discovered
Legislative reduction from 4 to 2 years applies prospectively; transitional claims may exist. No minor tolling beyond age 18.
Pennsylvania
2 years from discovery
Rule: 42 Pa. Cons. Stat. § 5524(2); discovery rule applies
Discovery: Accrues when plaintiff knows or reasonably should know of injury and its cause; minor tolling until age 18
No revival statute. Large birth cohort in Philadelphia metro area.
Ohio
2 years from discovery
Rule: Ohio Rev. Code § 2305.10(C); discovery rule applies
Discovery: Accrues when injury is discovered or should have been discovered with reasonable diligence; minor tolling until age 18 plus 2 years
No revival statute pending.
Illinois
2 years from discovery
Rule: 735 ILCS 5/13-202; discovery rule applies per Knox College v. Celotex Corp., 574 N.E.2d 677 (Ill. 1991)
Discovery: Accrues when injury and its wrongful cause are discovered or should have been discovered; minor tolling until age 18 plus 2 years
No revival statute. Centralized birth records support exposure documentation.
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| New York | 3 years from discovery | CPLR § 214(2) products liability; discovery rule applies for latent injuries | Accrues when injury is discovered or should have been discovered through reasonable diligence; for minors, tolling until age 18 plus 3 years | MDL 22-3043 (Cote, J.) reopened Nov. 12, 2024 after closure Aug. 26, 2024; new filings accepted. Daubert hearing completed Dec. 2023; general causation experts largely excluded per Dec. 18, 2023 order (Dkt. 1381). Intake viable but causation hurdles remain. |
| California | 2 years from discovery | Cal. Code Civ. Proc. § 335.1; discovery rule applies per Jolly v. Eli Lilly & Co., 751 P.2d 923 (Cal. 1988) | Accrues when plaintiff knows or should know of injury and its probable cause; minor tolling until age 18 | No revival statute active. Significant plaintiff pool given birth cohort exposure data. |
| Texas | 2 years from discovery | Tex. Civ. Prac. & Rem. Code § 16.003; discovery rule applies | Accrues when injury becomes inherently undiscoverable and objectively apparent to reasonable person | Judge Cote dismissed Texas-law complaints without prejudice due to Texas statutory 'safe harbor' preemption for retailers (Tex. Civ. Prac. & Rem. Code § 82.007). J&J claims remain viable but retailer claims face preemption barrier. |
| ⚠Florida | 2 years from discovery | Fla. Stat. § 95.11(3)(a), (e); reduced from 4 years effective March 24, 2023 (HB 837) | Accrues when facts giving rise to cause of action are discovered or should have been discovered | Legislative reduction from 4 to 2 years applies prospectively; transitional claims may exist. No minor tolling beyond age 18. |
| Pennsylvania | 2 years from discovery | 42 Pa. Cons. Stat. § 5524(2); discovery rule applies | Accrues when plaintiff knows or reasonably should know of injury and its cause; minor tolling until age 18 | No revival statute. Large birth cohort in Philadelphia metro area. |
| Ohio | 2 years from discovery | Ohio Rev. Code § 2305.10(C); discovery rule applies | Accrues when injury is discovered or should have been discovered with reasonable diligence; minor tolling until age 18 plus 2 years | No revival statute pending. |
| Illinois | 2 years from discovery | 735 ILCS 5/13-202; discovery rule applies per Knox College v. Celotex Corp., 574 N.E.2d 677 (Ill. 1991) | Accrues when injury and its wrongful cause are discovered or should have been discovered; minor tolling until age 18 plus 2 years | No revival statute. Centralized birth records support exposure documentation. |
Live intelligence
AI litigation brief
Tylenol / APAP remains active mdl with 58 current signals in the accepted feed.
Overview
The Tylenol/acetaminophen MDL 3043 was dismissed in its entirety on December 18, 2023, when Judge Denise L. Cote excluded all five plaintiffs' general causation experts under Daubert and granted summary judgment. Plaintiffs appealed to the Second Circuit (Case No. 25-307). Oral arguments were originally scheduled for October 6, 2025, then delayed to November 17, 2025, after President Trump and HHS Secretary Kennedy issued public statements linking acetaminophen to neurodevelopmental risks. The MDL was administratively reopened in November 2024 to accept six tag-along cases but remains dormant pending appellate resolution.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 3043, pointing to sustained litigation pressure rather than a one-off headline cycle. 6 live sources are contributing current context.
Editorial intelligence
MDL 3043 should stay on the lead docket watch because it is the primary consolidation vehicle for Tylenol.
Generated Apr 28, 2026, 12:00 AM UTC
58 events detected
Google News (10)
Texas Sues Tylenol Over Alleged Autism Link - MSN
A New Tylenol Study Doesn’t Show What the Headlines May Claim - celinegounder.com
A New Tylenol Study Doesn’t Show What the Headlines May Claim - celinegounder.com
Tylenol autism lawsuits show why judicial gatekeeping is essential - Washington Examiner
Tylenol autism lawsuits show why judicial gatekeeping is essential - Washington Examiner
Judge rejects Kenvue bid to dismiss Texas lawsuit over Tylenol safety - Reuters
Judge rejects Kenvue bid to dismiss Texas lawsuit over Tylenol safety - Reuters
Texas AG sues makers of Tylenol, claiming they hid alleged links to autism - abcnews.com
Texas AG sues makers of Tylenol, claiming they hid alleged links to autism - abcnews.com
No Link Between Acetaminophen in Pregnancy and Autism, a Study Finds - The New York Times
JAMA pediatrics • Mikkelsen AP • PMID 41973453 • Journal Article.
The Journal of physiology • Koehn L • PMID 41931116 • Journal Article.
JMIR mHealth and uHealth • Conijn M • PMID 41926731 • Journal Article.
Minerva obstetrics and gynecology • LA Marca A • PMID 41858207 • Journal Article.
Journal of autism and developmental disorders • Doğangün B • PMID 41854993 • Letter.
Acetaminophen - ASD/ADHD Products Liability Litigation
PACER docket entry from NYSD: COMPLAINT against Johnson & Johnson Consumer Inc., Walmart Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-32719245)Document filed by Michael Jack Schomer, II..(Buchanan, David) (Entered: 04/17/2026)
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LexGenius Ranking
84Score
Court, news, and regulatory activity are elevated
Monitoring
Live
monitoring
Last: Apr 28, 2026, 12:00 AM UTC
Next: 44:23
Source Monitoring
PACER
PACER
Google News
FDA
PubMed
Event feed
58
events detected
AI Brief
Tylenol / APAP remains active mdl with 58 current signals in the accepted feed.
Overview
The Tylenol/acetaminophen MDL 3043 was dismissed in its entirety on December 18, 2023, when Judge Denise L. Cote excluded all five plaintiffs' general causation experts under Daubert and granted summary judgment. Plaintiffs appealed to the Second Circuit (Case No. 25-307). Oral arguments were originally scheduled for October 6, 2025, then delayed to November 17, 2025, after President Trump and HHS Secretary Kennedy issued public statements linking acetaminophen to neurodevelopmental risks. The MDL was administratively reopened in November 2024 to accept six tag-along cases but remains dormant pending appellate resolution.
Key developments
PACER court filing on Apr 17: Acetaminophen - ASD/ADHD Products Liability Litigation. ‖ MSN news on Mar 29: Texas Sues Tylenol Over Alleged Autism Link - MSN. ‖ FAERS FDA alert on Dec 31: FAERS Filing 26215915: Off label use. ‖ PubMed research on Apr 13: Acetaminophen Exposure During Pregnancy and the Risk of Autism in Offspring..
Generated Apr 28, 2026, 12:00 AM UTC
Tracked MDLs
MDL 3043
S.D.N.Y.
Acetaminophen ASD/ADHD products liability