Okla. Stat. tit. 63, § 63-1-1301.33

A. Mello-drink products shall not be advertised, displayed for

sale or sold in any manner or under any circumstances or conditions

likely to mislead, deceive or confuse the public into believing such

product is a milk product.

B. No wording commonly used or associated with or which may be

associated with the production, sale, advertising, distribution or

marketing of a milk product, whether in liquid, powdered, frozen or

any other form, shall be used with or without additional descriptive

words on any label, package or wrapping of any Mello-drink product

or advertisement thereof, whether such use be by word, sound or

other technique or device. These provisions shall not apply to food

prepared in restaurants or cafeterias.

C. No picture or representation of the animal genus bovine or

any other picture, symbol, mark, design or representation commonly

associated with dairy farming or any other phase of the dairy

industry or associated with the production, sale, advertising,

distribution or marketing of milk products, whether in liquid,

powdered, frozen or any other form, shall be used on any label,

package or wrapping of any Mello-drink product or when advertising

any Mello-drink product.

D. No Mello-drink product shall be advertised or labeled as

pasteurized or homogenized unless the whole finished product has

been pasteurized, homogenized or processed in a licensed

manufacturing plant in accordance with the requirements of this act.

E. The label, package or wrapping of a Mello-drink product shall

contain an accurate and complete listing of the ingredients preceded

by the words "ingredients: vegetable oil beverage consisting of".

The common name of each ingredient shall be listed in order of

decreasing predominance, each accompanied by the percentage it

represents of the whole product. Ingredients which represent less

than one percent (1%) of the whole product shall be preceded by the

words "consisting of less than one percent (1%)". The oil or fat

contained in the product shall be listed by the common name given

its specific type. If artificial coloring or flavoring has been

added, the list of ingredients shall so state.

F. The label, package or wrapping of a Mello-drink product may

contain statements and claims which are reasonable, relevant,

truthful, complete and not deceptive or misleading, provided the

label shall contain no statements or claims regarding milk products,

Oklahoma Statutes - Title 63. Public Health and Safety Page 601

except any necessary factual statement regarding any milk products

which are ingredients of the Mello-drink product. The Department

may require satisfactory proof of the compliance of any statement or

claim with the provisions of this subsection. The Department may

require such disclaimers be placed on the label, package or wrapping

as it determines necessary to avoid confusion and deception of the

public and as are consistent with other provisions of this act.

G. The Board shall by rule or regulation establish the size,

including type size, and the location of all terms, pictures,

symbols, marks, designs or other representations to be placed on the

label, package or wrapping of a Mello-drink product so that the

label, package or wrapping is not likely to mislead, deceive or

confuse the public as to the true nature or character of the

product. In no event shall the product name, Mello-drink, be less

than twice the type size of any other term or representation

contained on the label, package or wrapping. The name Mello-drink

shall be prominently displayed to avoid confusion and no other term

or representation shall appear on the same line or within the

immediate area of the label, package or wrapping as the product

name.