No. 23-1381 ___________________________

Nicholas Brunts, individually and on behalf of all others similarly situated

Plaintiff - Appellee

v.

Walmart, Inc.

Defendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Missouri – St. Louis ____________

Submitted: May 1, 2023 Filed: May 24, 2023 ____________ Before BENTON, MELLOY, and GRASZ, Circuit Judges. ____________ MELLOY, Circuit Judge.

Nicholas Brunts filed a class action lawsuit against Walmart in the Circuit Court for St. Louis County, Missouri. Brunts alleged Walmart engaged in misleading and deceptive marketing practices by selling cough suppressants with dextromethorphan hydrobromide (“DXM”) and a “non-drowsy” label. Walmart removed the case to the