28104. Frozen cherry turnovers and frozen apple turnovers.   (F.D.C. No. 46161.
S. Nos. 80-349/50 R.) 
QUANTITY :   9 cases, 12 pkgs. each of cherry turnovers, and 8 cases, 12 pkgs. each
of apple turnovers, at Oklahoma City, Okla. 
SHIPPED :    6-16-61, from Dallas, Tex., by Frozen-Rite Products, Inc.
LABEL IN PART: (Pkg.) "FROZEN-RITE 4 APPLE [or "CHERRY"] TURN- 
OVERS * * * Net Wt. 12 ozs.   Frozen-Rite Products Inc., Dallas, Texas."
RESULTS OF INVESTIGATION : The mandatory label information appeared near the 
edge of the package cover in small type on a noncontrasting background and 
was almost entirely covered by the folded over metal portion of the cover.
LIBELED :    8-3-61, W. Dist. Okla.
CHARGE : 403(f) —when shipped, the information required by 403 (e) and (i) (2) 
to appear on the label, namely, the firm name and address, quantity of contents 
statement and declaration of ingredients, was not prominently placed on the 
article with such conspicuousness (as compared with other words, statements, 
designs, or devices, in the labeling) as to render it likely to be read by the 
ordinary individual under customary conditions of purchase and use.
DISPOSITION : Frozen-Rite Products, Inc., claimant, filed a motion to dismiss on 
the ground that Section 403(f) was unconstitutional because of vagueness and 
indefiniteness. On 2-15-62, after considering the briefs and arguments of 
counsel, the court found that such section was not unconstitutional, overruled 
the motion, and entered a decree providing for condemnation of the article and 
its delivery to a charitable institution.