26 Ounce Bag

WHY is it the MAJORITY of ANYONE testing 99X that was Labeled By Marion-Kay in the LATE 1970's as a retail item for Fried Chicken Season.

PLEASE OBTAIN THE WHOLE COURT CASE between KFC NEW AGE CORPORATION vs. MARION-KAY and have it reviewed THEN understand and COMMENT.

You are representing a Product 99X that was marketed for RETAIL SALES and it WAS NOT originally sold to the KFC stores that CHS was under control of.

CHS & Bill Summers of Marion-Kay were NOT stupid and if you follow the COURT CASE which was based on 1973 Letters from Marion-Kay asking permission to package and distribute MARION KAY SEASONING not 99x. In the later almost end of the Court case KFC ADDED it to say "Marion-Kay Seasoning" or "99X Chicken Seasoning
KEY WORD IS OR

Quote FROM COURT CASE JUDGE

14. In early 1973, Marion-Kay requested permission to market its seasoning products to KFC franchisees. By letter dated March15, 1973, Edward E. Ellis, General Counsel for KFC, advised Marion K. Summers ("Summers")
17. In a letter dated February 21, 1977, McGraw again made known KFC's continuing objection to the sale of Marion-Kay seasoning to KFC franchisees and stated that Summers' actions constituted intentional interference with KFC's contractual relationship with its franchisees:

I. Marion-Kay's Claims Are Not Barred By The Statute of Limitations

KFC Corporation argues that the four-year statute of limitations (15 U.S.C. § 15b) began to run on March 15, 1973,when Marion-Kay was advised by Mr. Edward Ellis, General Counsel for KFC, that KFC would not permit Marion-Kay to sell its products to KFC franchisees. KFC contends that Marion-Kay's cause of action accrued at this time and that the filing of the counterclaim and third-party complaint almost ten years later is time-barred.

Generally, a cause of action "accrues" for purposes of a statute of limitations when the plaintiff first suffers an injury from an unlawful contract or conspiracy. National Souvenir Centerv. Historic Figures, Inc., 728 F.2d 503, 509 (D.C.Cir. 1984).There is, however, a "continuing violation" exception to this general rule which becomes applicable where the alleged conspiracy has been ongoing. In Zenith Radio Corp. v. Hazeltine,Inc., 401 U.S. 321, 338, 91 S.Ct. 795, 806, 28 L.Ed.2d 77 (1971),the Supreme Court stated the exception in these terms:

"n the context of a conspiracy to violate the anti-trust laws, . . . each time a plaintiff is injured by an act of the defendants a cause of action accrues to him to recover the damages caused by that act and that, as to those damages, the statute of limitations runs from the commission of the act."

Thus, to survive a dismissal, a plaintiff must show that an"overt act" has been committed pursuant to the unlawful contract, combination, or conspiracy within the limitation period. In the context of a tying arrangement, the "overt act" requirement "may be satisfied merely by the parties continuing to maintain contractual relationships that directly affect competition in the tied product market." National Souvenir Center, supra, at 510 (citations omitted).

In the present case, Marion-Kay was first injured in early1973 when KFC informed its president that Marion-Kay would not be permitted to distribute its seasoning products to KFC franchisees. At first glance, it might appear that Marion-Kay's cause of action accrued then, and that it has thus failed to satisfy the statute of limitations requirement. However, KFC has continued to require its franchisees to purchase KFC seasoning from Sexton and Stange. It has not allowed Marion-Kay, or any one else, an opportunity to sell its seasoning products to KFC franchisees. Thus, there has been a continuing agreement between KFC and KFC franchisees that the franchisees purchase KFC seasoning from Sexton and Stange. This continuing arrangement, dating back to 1973, has excluded Marion-Kay from the KFC seasoning market in two respects: (1) Marion-Kay has not been permitted to sell its seasoning to KFC franchisees because those franchisees are obligated to purchase KFC seasoning by virtue of the franchise agreement, and (2)Marion-Kay has never been allowed to manufacture KFC seasoning with permission from KFC because of the exclusive agreement with Sexton and Stange for the blending of the secret recipe.


(Marion-Kay) was a spice blender engaged in the manufacture of chicken seasoning known as “Marion-Kay Seasoning. ” Marion-Kay requested permission from KFC to sell its seasoning products to KFC franchisees, which KFC refused. Four years later, KFC learned that Marion-Kay was supplying some KFC franchisees with Marion-Kay Seasoning and demanded that it cease this practice. When Marion-Kay refused, KFC sued it for interference with contractual relations. Marion-Kay filed a counterclaim, alleging violation of antitrust law.

The Judge continual referenced Marion-Kay Seasoning NOT 99X except that Marion-Kay ALSO ALSO has a Product selling under 99X BUT not the Marion Kay Bags which were distributed to the KFC.

NOW if you listen to ANY interview Bill Summers Marion-Kay spoke about 99x he SAY only 99% a Seasoning like KFC and CHS even says Bill Summers added 1 MORE SOICE that made it better Making it 12 Spices.

2 Key Points of the Court Case NEW AGE KFC could NOT do anything against the Locations CHS was in control over in Canada, England, Utah, Florida, Montana. BECAUSE the contract he had allowed him to sell chicken that was made with the Original 11 Herbs & Spice WHICH Marion Kay Seasoning DID. NOT 99X this is important. OTHERWISE CHS would have been in a SALES CONTRACT VIOLATION. are you following the REAL way it went down.

EVERYTHING Marion-Kay had to FIGHT the NEW AGE KFC was CHS and His testimony against the NEW AGE KFC that NEW AGE KFC changed the SPICE and HERBS.

Please look at what KFC even advertised HERBS & SPICES ... CHS called it SPICE & HERBS there is a difference.

Marion Kay SEASONING was what they had to label it as NOT to infringe on ANY of the 2 names CHS when he promoted Marion-Kay SEASONING to Canada originally called it seasoning NOT spices. THE BAGS ALL WERE LABELED MARION KAY SEASONING for CHICKEN. it was NOT in 26oz little plastic containers.

After CHS died in 1980 if you read the court case it states this is a LONG ON GOING COURT CASE.

If you follow the Court Action there were 2 Cases a Claim and Counter Claim Action. KFC NEW AGE filed in 1982 AFTER CHS death where it read Marion Kay Seasoning or 99x

IF you follow and understand the LAW KFC NEW AGE ONLY argue Violation against the Corporation and FRANCHISE agreements NOT SALE OF item to the General Public. KFC did not argue to stop 99x sale to General Public. ONLY sales to FRANCHISE.

THIS IS A KEY PART. KFC would have had to argue the spices in 99X compared to KFC seasoning in a court of law. Marion Kay was already saying its NOT 11 Herbs and Spices.

WHERE Marion Kay had a issue in 1983 they HAD NO CHS living, and KFC had CHS court case against Famous Brand CHICKEN 1966. which was NEVER appealed.

KFC had Marion Kay by the short curly and Bill Summers knew that. Hence the out of court agree was made KFC would NOT take further action against Marion Kay if Marion Kay and Bill Summers changed the formula to the same as the 1966 court case LIMITING THE SPICES IN THE 99X.

PLEASE READ THE WHOLE COURT CASE TO UNDERSTAND it was NOT 25oz containers to KFC stores and YES it was 25oz containers to the GENERAL PUBLIC BUT it was NOT based on the SAME FORMULA that the ORIGINAL KFC SEASONING / MARION KAY SEASONING was

it was a water down version and the Blend amount was NOT the same as KFC

New theory. The original 26 ounce bag can be dated to before CHS sold the business if MSG is excluded from the 26 ounce bag.

In another recent thread I had speculated that for 200 grams of flour the breakdown is likely somewhere near:
7.5g. MSG + 5.4g. B&W Pepper + 4.5g. Salt + 2.6g. 'other' H&S = 20g.

Scale this to 400 grams of flour and you have:
15g. MSG + 10.8g. B&W Pepper + 9g. Salt + 5.2g. 'other' H&S = 40g.

Scale this to 400 Ounces of flour (25 Lbs.) and you have:
15 Oz. MSG + 10.8 Oz. B&W Pepper + 9 Oz. Salt + 5.2 Oz. 'other' H&S = 40 Oz.

40 Oz. - 26 Oz = 14 Oz.

If MSG was originally 14 Oz. (instead of my earlier/initially speculated 15 Oz.), and it was not part of the 'Bag', then Bingo!

40 Oz. - 14 Oz. = 26 Oz.



Margaret was Colonel Sanders oldest Daughter. So it appears that the 26 ounce bag goes back well farther than I had (of late) imagined!

If the Salt in the bag (meaning here, any bag) is 9 Ounces, and to that is added 48 ounces (3 Lbs.), then the total is 57 Ounces.

For 400 ounces of flour (25 Lbs.):

57/400 = 0.1425

For 200 grams of flour:

200 x 0.1425 = 28.5 grams of Salt

From this it seems as if the 9 Ounces of Salt in the 26 Ounce bag may be either about perfect, or perhaps a wee tad low.

On the 99x test done the results of multiple samples was thought to be "MSG tested at 7.725g." Never lower than 7g apparently and the poster felt 8g was a good target number. If that helps