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A US appeals court revived lawsuits against Tylenol-maker Kenvue alleging the drug may cause autism, renewing the battle over the pain-relief medicine targeted by the health secretary Robert F Kennedy Jr.
On Monday, the US Court of Appeals in New York said a lower court was wrong to exclude three expert witnesses in a case against Kenvue. The judges said they did not consider the quality of the experts’ testimony, but that a US district court must allow the witnesses to participate in the ongoing litigation. Exclusions for two other expert witnesses were upheld.
The decision hands a win to trial attorneys who were hoping to include the witnesses in their litigation against Kenvue. Shares in the New Jersey-based company dipped 1 per cent on news of the ruling.
Donald Trump sparked controversy last September by saying pregnant women should not use the paracetamol brand Tylenol, an unprecedented warning from the White House with Kennedy by his side. Class action lawyers quickly cited the president’s warning linking Tylenol to autism as a basis to resurrect lawsuits against Kenvue. Shares of the company plunged after the White House attacks and are down 12 per cent from a year ago.
In a statement, Kenvue said Monday’s ruling “does not change the fact that credible, independent science shows no proven link between taking acetaminophen and autism or attention-deficit hyperactivity disorder”.
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