Texas Attorney General Ken Paxton filed a lawsuit on June 12, 2024, in Panola County, Texas, accusing Johnson & Johnson, Kenvue Brands and Kenvue Inc. of marketing Tylenol to pregnant women without warning of alleged links to autism and ADHD. The case lands in a county of 23,000 residents on the Louisiana border, a venue critics say was chosen for its predictable, Republican‑leaning judge .

Panola County’s $23 ,000‑population courthouse becomes the battleground

Paxton’s team hired Chicago firm Keller Postman to argue the case in the state district court of Carthage, the county seat of Panola. The courthouse, a three‑story brick building, is noted for its single Republican‑appointed judge, a factor highlighted by drug‑maker counsel Kim Bueno as evidence of forum shopping. According to the filing, the lawsuit repeats claims first voiced by Health and Human Services Secretary Robert F. Kennedy Jr. that Tylenol exposure in utero may contribute to neurodevelopmental disorders.

Previous Tylenol litigation dismissed by a New York federal judge

The same legal team previously led a similar suit that a New York federal judge tossed in 2023, finding the plaintiffs’ expert witnesses unreliable. As the report notes, the earlier dismissal underscores why Paxton’s choice of a small Texas county, rather than a larger venue with more precedent, raises eyebrows among legal observers. The judge in Panola has limited experience with complex pharmaceutical cases, which could affect procedural rulings and jury selection.

30 prior Texas lawsuits flagged for tenuous venue connections

ProPublica and The Texas Tribune have catalogued at least 30 instances over the past nine years where Paxton’s office filed suits in counties with little factual link to the alleged wrongdoing. legal scholars, including St. Mary’s University professor Michael Ariens, point out that the 1990s Texas statute was meant to keep plaintiffs in jurisdictions where a “substantial” part of the violation occurred. Paxton, who once urged the U.S. Supreme Court to curb forum shopping in federal courts, now appears to be employing the very tactic he previously opposed.

Unanswered question: Will the court accept the alleged “substantial” connection?

The lawsuit hinges on whether the court will deem Panola County a proper venue given the alleged statewidde marketing of Tylenol. Critics ask if the Attorney General’s office can demonstrate a “substantial” part of the alleged harm occurred within the county’s borders, a requirement that the state legislature intended to prevent exactly this kind of venue‑shopping. No public comment has been offered by Paxton’s office on the venue strategy.

Potential political ripple as Paxton eyes U.S . Senate seat

Paxton announced a Senate bid earlier this year, and the timing of the Tylenol suit may be intended to energize his conservative base by portraying himself as a defennder against “Big Pharma.” However, the lawsuit also risks alienating moderate voters who view forum shopping as a manipulation of the legal system. As the case proceeds, observers will watch for any judicial rulings on venue that could set a precedent for future state‑level actions against national corporations.