About 500 federal lawsuits alleging that acetaminophen taken during pregnancy contributed to autism or ADHD remain revived after the Second Circuit on October 16, 2026 refused to reconsider its July ruling, and Kenvue says it will ask the Supreme Court to step in. There is no settlement and nothing to claim.
Allegations Only · No Settlement Yet
This article describes pending product liability litigation. The claims are unproven allegations. No defendant has been found liable, no court has found that acetaminophen causes autism or ADHD, and there is nothing to claim. This page is informational and is not legal or medical advice.
What Happened?
On October 16, 2026, the U.S. Court of Appeals for the Second Circuit denied both panel rehearing and rehearing en banc in the federal Tylenol autism and ADHD litigation, according to Reuters and Law360. Kenvue, the maker of Tylenol, and retail and pharmacy chains that sold generic acetaminophen had asked the court to reconsider the panel’s July 13, 2026 decision, or to have the full court hear the case.The July ruling, in the appeal captioned Rutledge v. Walgreen Co., Nos. 24-916(L) and 24-2594, held that Judge Denise Cote of the Southern District of New York exceeded her discretion in excluding three of the plaintiffs’ general-causation experts, while upholding the exclusion of two others. It sent about 500 cases in the multidistrict litigation, MDL No. 3043, back to the district court. The court did not decide whether acetaminophen causes autism or ADHD.
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What Kenvue Says It Will Do
A Kenvue spokesperson said the company plans to appeal to the U.S. Supreme Court, Reuters reported, arguing that the Second Circuit ignored safeguards the federal courts use to evaluate expert testimony, and that the company stands by its product’s safety. In its July 13 statement, Kenvue said that “credible, independent science shows no proven link between taking acetaminophen and autism or attention deficit hyperactivity disorder (ADHD).” A Supreme Court petition would ask the justices to review the July decision; the Court takes only a small share of the cases it is asked to hear.What Happens to the Cases Now?
With rehearing denied, the July decision stands unless the Supreme Court agrees to review it. The cases return to Judge Cote, where Kenvue has said it will again challenge the reliability of the plaintiffs’ expert evidence. The reinstated experts can be heard, but whether acetaminophen caused any plaintiff’s condition remains to be decided. No bellwether trial date or settlement had been announced as of October 20, 2026.OCA’s earlier coverage explains the July 2026 ruling that revived the cases, and its Tylenol autism and ADHD lawsuit page covers the litigation’s history.
Questions
What did the Second Circuit decide on October 16, 2026?
According to Reuters and Law360, the Second Circuit denied Kenvue’s and the retailers’ requests for panel rehearing and rehearing en banc, leaving in place its July 13, 2026 ruling that reinstated three of the plaintiffs’ experts and revived about 500 Tylenol autism and ADHD cases.
Did the court decide that Tylenol causes autism?
No. The court ruled on whether the plaintiffs’ expert witnesses can be heard, not on whether acetaminophen causes autism or ADHD. Kenvue says credible science shows no proven link, and no court has found causation.
Is there a Tylenol autism settlement?
No. There is no settlement, fund, claim form or deadline. The cases are pending in the federal multidistrict litigation in New York.
Will the Supreme Court hear the Tylenol autism case?
Kenvue says it plans to ask the Supreme Court to review the Second Circuit’s decision. The Court has not received or acted on any petition as of October 20, 2026, and it agrees to hear only a small share of the cases it is asked to take.
Sources
• Law360, “2nd Circ. Denies Rehearing In Tylenol Autism Suits” (October 16, 2026)• Reuters, “Kenvue loses bid for rehearing after Tylenol autism lawsuits revived” (October 2026), including Kenvue’s statement on a Supreme Court appeal
• Rutledge v. Walgreen Co., Nos. 24-916(L), 24-2594 (2d Cir. July 13, 2026); In re Acetaminophen — ASD-ADHD Products Liability Litigation, No. 1:22-md-03043 (S.D.N.Y.)
• Kenvue statement on the July 13, 2026 Second Circuit ruling
