On July 13, 2026, the United States Court of Appeals for the Second Circuit issued a major ruling in the Tylenol Autism litigation.
Plaintiffs in the Tylenol Autism litigation are parents, guardians, and children who allege that they or their children developed Autism Spectrum Disorder and/or ADHD due to prenatal acetaminophen exposure. Acetaminophen is the active ingredient in Tylenol and other over-the-counter pain relievers. When taken by pregnant women, acetaminophen can cross the placental barrier and enter fetal circulation. Currently, there is no warning on Tylenol related to ADHD or Autism Spectrum Disorder.
The appeal to the Second Circuit came from judgements dismissing Plaintiffs-Appellants’ complaints alleging the Defendants-Appellees failed to warn them that prenatal ingestion of acetaminophen products could cause ADHD and Autism Spectrum Disorder in In Re: Acetaminophen – ASD/ADHD Products Liability Litigation, MDL No. 3043, U.S. District Court of the Southern District of New York (Denise L. Cote, District Judge).
The Second Circuit found that the district court exceeded its discretion in excluding certain plaintiff experts finding that “those concededly qualified experts offered opinions that comport with methodologies applied by other scientists in their fields, and constitute acceptable interpretations of scientific evidence where scientists may, and in fact do, disagree on the ultimate answer to the causal question that they are assessing.” Rutledge v. Walgreen Co., __ F.4th __, 2026 LX 395794, at *8 (2nd Cir. July 13, 2026).
The Second Circuit also addressed the issue of preemption agreeing with the district court that federal drug labeling law does not preempt Plaintiffs failure to warn claims. “Federal regulations require acetaminophen manufacturers to display verbatim a general pregnancy warning, but they do not prohibit supplemental, specific warnings against plausible risks.” Id. at 9.
This revives hundreds of cases and returns them to the district court clearing the way for this litigation to move forward. It also opens the door to filing new cases.
If you took Tylenol or a generic acetaminophen product while pregnant and your child was later diagnosed with autism or ADHD, you may have legal options. Our team is actively taking on new claims and ready to help families pursue them.
There is no obligation — just an opportunity to better understand your situation and what steps may be available to you.
