Tylenol MDL Judge Admits Marketing Expert’s Testimony in Bellwether Case

PHILADELPHIA — The judge overseeing the federal Tylenol multidistrict litigation has refused to exclude the testimony of the plaintiff’s marketing expert in the first case slated for trial, ruling that the testimony may be helpful to the jury in understanding foreseeability of misuse and consumer expectations.

In a March 3 order, Judge Lawrence F. Stengel of the U.S. District Court for the Eastern District of Pennsylvania explained that marketing is relevant in this case because it involves an over-the-counter product, which a consumer is “likely to use based on his own judgment, molded by advertising.”

In this bellwether action, Alabama …