Any frozen dessert or imitation frozen dessert referred to in this article is considered misbranded within the meaning of this article if:
(a) It is labeled as a product for which there is a standard established by this article and it does not conform to such standards;
(b) Its label or labeling is false or misleading in any particular;
(c) It is not labeled in accordance with this article;
(d) Any word, statement or other information required by this article to appear on the label or the labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read or understood by the ordinary person under customary conditions of purchase and use;
(e) If damage or inferiority has been concealed by any means; or
(f) It meets or has met other conditions of misbranding as established by rule.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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