West Virginia Code § 19-11B-6

Misbranded
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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 thae 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; l
(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.

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