2nd Circ. Tylenol Lawsuit Ruling: More Than 500 Autism and ADHD Cases Back in Court
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The “2nd Circ. Tylenol lawsuit” headlines are about one appeal. On July 13, 2026 the federal appeals court in New York reinstated three plaintiff experts in the acetaminophen autism and ADHD litigation and sent more than 500 dismissed cases back to the trial judge. It did not find that Tylenol causes autism. On September 10, 2026 the defendants asked for a rehearing. There is no settlement and no claim form.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Allege
The plaintiffs are parents, guardians and children. The lawsuits allege that acetaminophen taken during pregnancy — the active ingredient in Tylenol and store-brand pain relievers — caused autism spectrum disorder (ASD), ADHD or both, and that the sellers failed to warn pregnant women of that risk.
The defendants include Tylenol maker Kenvue (the former Johnson & Johnson consumer health business) and retailers that sold generic acetaminophen, among them CVS, Walgreen, Walmart, Target, Costco, Rite-Aid, Safeway, Family Dollar and Dollar Tree. They deny that acetaminophen causes either condition. Kenvue says it will “continue to defend these cases.”
The science is disputed. On September 22, 2025 the FDA began a label change citing studies that suggest an association, while stating that “a causal relationship has not been established.”
Case Details
The federal cases are consolidated as In re: Acetaminophen – ASD-ADHD Products Liability Litigation, MDL No. 3043, No. 1:22-md-03043 in the U.S. District Court for the Southern District of New York, before Judge Denise L. Cote. The Judicial Panel on Multidistrict Litigation created it in an order filed October 5, 2022, when the litigation was eighteen actions in seven districts plus 47 related cases.
The appeal is Rutledge v. Walgreen Co., No. 24-916 in the U.S. Court of Appeals for the Second Circuit, decided by Judges Calabresi, Lynch and Lee. Judge Calabresi wrote the 64-page opinion.
A separate state case: the Texas Attorney General sued Kenvue and Johnson & Johnson in Panola County District Court on October 27, 2025, alleging deceptive marketing of Tylenol to pregnant women. On February 26, 2026 the judge there denied Kenvue's motion to dismiss, according to Reuters. That suit seeks state penalties, not payments to families.
Status: Cases Revived, Rehearing Requested, No Settlement
Here is what the Second Circuit did on July 13, 2026. Judge Cote had excluded the plaintiffs' causation experts in late 2023 and entered judgments against the families in 2024. The appeals court agreed that two of the five experts were properly excluded. It held that she “exceeded its discretion” in excluding the other three. It vacated the judgments and sent the cases back. It also agreed that federal labeling law does not preempt the failure-to-warn claims. The court said it was “not deciding whether there is a general causal relationship between acetaminophen and ADHD and/or ASD.”
On September 10, 2026 Kenvue and the retailers who say the ruling is procedural petitioned for rehearing and/or rehearing en banc. They argue the panel “effectively nullified the 2023 amendments” to Federal Rule of Evidence 702. As of early October 2026 we found no ruling on that petition. If the decision stands, Judge Cote takes the cases back, and the defendants have said they will challenge the experts again.
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Who These Cases Are About
The lawsuits are individual product liability claims, not a class action. Each family files its own case, and each must later prove use of acetaminophen during pregnancy and a child's diagnosis. Nobody is included automatically, and there is no form to sign up for.
The July ruling did not open a claims process. It means the families whose cases were dismissed are back in court. Some law firms say the ruling also makes new filings possible; whether a particular claim is still timely depends on state law and on the child's age, which is a question for a licensed attorney.
If you have a child with an ASD or ADHD diagnosis and used acetaminophen while pregnant, records matter more than memory: pharmacy and prenatal records showing use, and the diagnosis records.
What Families Can Expect
How cases like this one end
Our copy of the federal courts’ own case database covers 166,050 health care/pharmaceutical product liability casesclosed in U.S. federal district courts between 2015 and 2025:
- 34.5% ended in a settlement recorded by the court. Another 17.9% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 34.5% and 52.4%.
- 9% were decided on a motion before any trial.
- 1 in 2,863 reached a trial (0%), after a median of 32 months.
- Median time from filing to the end of the case: 26.3 months.
- Almost none record a money award in this data (18 of 166,050), and the recorded figures are capped, so we do not publish an average.
These are base rates for this type of case (federal health care/pharmaceutical product liability cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Tylenol Autism Litigation Timeline
- 1
October 5, 2022 — Federal Cases Consolidated
The JPML centralizes the acetaminophen autism and ADHD suits as MDL No. 3043 in the Southern District of New York before Judge Denise L. Cote.
- 2
Late 2023 to 2024 — Experts Excluded, Cases Dismissed
Judge Cote rules the plaintiffs' causation experts unreliable and excludes them. Without them the cases cannot proceed, and judgments are entered against the plaintiffs, who appeal.
- 3
September 22, 2025 — FDA Starts a Label Change
The FDA begins a label change on acetaminophen in pregnancy, citing a possible association while stating a causal relationship has not been established.
- 4
October 27, 2025 — Texas Sues Kenvue and J&J
The Texas Attorney General files a deceptive-marketing suit in Panola County. A judge denies Kenvue's motion to dismiss on February 26, 2026. Oral argument in the federal appeal is held November 18, 2025.
- 5
July 13, 2026 — Second Circuit Revives the Cases
A unanimous panel reinstates three of five plaintiff experts, vacates the judgments and remands more than 500 cases to Judge Cote. It expressly does not decide causation.
- 6
September 10, 2026 — Defendants Seek Rehearing
Kenvue and the retailers petition for panel or en banc rehearing. As of October 2026 no ruling on the petition was found, and there is no settlement.
Three Things to Watch For
A widely reported appeals ruling plus a sensitive diagnosis is exactly what lead-generation ads and imposters exploit:
“Claim your Tylenol settlement” offers
There is no Tylenol autism settlement and no claims administrator. A site or caller asking for your child's diagnosis, your Social Security number or a fee to “secure your payout” is not filing anything with a court.
Ads saying a court ruled Tylenol causes autism
The Second Circuit said the opposite of a causation finding: it was “not deciding” whether acetaminophen causes ASD or ADHD. Ads that claim a win on causation, or promise a dollar amount, are selling a case, not reporting one.
“Last chance” deadline pressure
There is no claim deadline because there is no settlement. Real filing deadlines for individual lawsuits come from state law and vary by state and the child's age. A caller inventing a countdown to get you to sign a retainer on the phone is using pressure, not information.
Circ. Tylenol Lawsuit — Questions People Actually Ask
What did the 2nd Circuit decide in the Tylenol lawsuit?
On July 13, 2026, in Rutledge v. Walgreen Co., No. 24-916, the Second Circuit held that Judge Cote went beyond her discretion in excluding three of the plaintiffs' five causation experts, upheld the exclusion of the other two, vacated the judgments and sent more than 500 cases back to the trial court.
Did the court say Tylenol causes autism or ADHD?
No. The court said it was not deciding whether there is a causal relationship. The ruling is about whether a jury may hear certain expert testimony. Kenvue maintains there is no proven link, and the FDA has said a causal relationship has not been established.
Is there a Tylenol autism settlement or claim form?
No. As of October 2026 there is no settlement, no fund, no administrator and no claim form. These are individual injury lawsuits in MDL No. 3043, not a class action with a payout process.
What happens next in the Tylenol MDL?
On September 10, 2026 the defendants asked the Second Circuit for rehearing by the panel or the full court. If that is denied, the cases go back to Judge Cote in the Southern District of New York, where the defendants say they will challenge the experts again. Timing is set by the courts.
Who are the defendants?
Kenvue, which makes Tylenol and separated from Johnson & Johnson in 2023, and retailers that sold generic acetaminophen, including CVS, Walgreen, Walmart, Target, Costco, Rite-Aid, Safeway, Family Dollar and Dollar Tree.
Can I still file a Tylenol autism lawsuit?
Possibly, but it depends on your state's filing deadline, how it applies to a child's claim and the facts of your case. There is no sign-up list and no automatic inclusion. A licensed attorney can tell you whether a claim is still timely.
What is the Texas Tylenol lawsuit?
A separate state case. The Texas Attorney General sued Kenvue and Johnson & Johnson in Panola County on October 27, 2025, alleging deceptive marketing to pregnant women, and also sought to block a November 26 dividend. A judge refused to dismiss it on February 26, 2026. It does not pay individual families.
Should I stop taking acetaminophen during pregnancy?
That is a medical question for your doctor, not something a court ruling decides. The FDA describes a possible association but no established causal link, and it notes acetaminophen is the only over-the-counter drug approved to treat fever in pregnancy, while high fevers carry their own risks.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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