A federal court in California has decided to exclude parts of the expert testimony proffered by a major retailer defending claims that Children’s Tylenol® Plus Multi-symptom Cold product caused the death of a 4-month-old child. Vu v. McNeil-PPC,Inc., No. 2:09-cv-01656 (U.S. Dist. Ct., C.D. Cal., decided May 7, 2010). According to the court, Costco designated several of its experts as rebuttal witnesses, but their reports included topics falling outside the expected testimony of plaintiff’s expert, such as possible alternative causes for the child’s death and whether it is sound medical practice to expect a retailer to provide drug warnings or opinions different from those provided by FDA-approved labeling or a physician’s advice. The court limited this testimony to strictly rebuttal evidence. Because Costco also failed to timely disclose several of its expert witnesses, the court struck them as witnesses and precluded the use of their testimony at trial.