Behind Kenvue's Win as Tylenol Manufacturer: Consumers Deceived by 'Sky-High' Rapid Release Gel That Doesn't Work as Well as Regular Tablets, Court Says It's Legal!

Kenvue, the maker of Tylenol, has won a class action lawsuit against U.S. consumers. In the lawsuit, consumers allege that Kenvue's "quick release" gel caps charge too much and don't work as well as advertised. After hearing the case, U.S. District Judge Andrew Carter in Manhattan ruled that the relevant provisions of the federal Food, Drug and Cosmetic Act preempted New York state law, so the consumers' claims were not valid.

Further research showed that Tylenol's fast-release gel actually dissolves more slowly than regular tablets. Judge Carter, however, noted that FDA regulation of the "release now" label should not be influenced by how a product is sold or priced. The ruling is similar to previous rulings against Albertson, but differs from the distinction between the meaning of "immediately" and "expeditiously" in the lawsuit against Rite Aid.

Kenvue, a New Jersey company spun off from Johnson & Johnson, is in U.S. District Court for the Southern District of New York, case No. 23-06030. Lawyers in the case did not immediately respond to requests for comment.