'What is this, juice?': SC sounds alarm on 'dangerous' liquor tetra packs, warns how students could sneak them into schools

The Supreme Court on Monday expressed concern over the sale of liquor in tetra packs, noting that such packaging could be “dangerous” and misleading. The remarks came during a hearing of a trademark dispute between two major whisky producers in India.

The dispute involves John Distilleries Pvt Ltd, which produces the whisky brand Original Choice, and Allied Blenders and Distilleries Pvt Ltd, makers of Officer’s Choice. Both companies are among the largest players in the country’s whisky market.

During the hearing, senior advocate Mukul Rohatgi, representing John Distilleries, presented tetra packs of both brands to the court. Justice Surya Kant reacted in surprise, asking, “What is this packet? Juice?” Rohatgi explained that these were tetra packs of whisky, which are among the best-selling products in Karnataka.


Justice Kant questioned whether the sale of liquor in such packaging should be allowed at all. “It is very dangerous. Students could carry it to schools or colleges in their bags, and parents could be easily deceived,” he said. He added that this was the first time in his life he had seen liquor in tetra packs and wondered how governments had permitted such packaging.

Justice Joymalya Bagchi criticised the practice, saying governments were prioritising revenue over public health. “Just think how much is wasted on health because of revenue… they are trading on the health of the people,” he said.

The court appointed former Supreme Court judge L Nageswara Rao as mediator to help both companies reach an amicable settlement. The bench emphasised that, given the urgency of the matter, the mediation should be conducted on a priority basis.

The legal battle began when Allied Blenders filed a petition before the trademark registry seeking the removal of John Distilleries’ Original Choice trademark. They argued that the brand was phonetically and visually similar to Officer’s Choice and could confuse consumers. John Distilleries responded with a cross-petition, alleging that Allied Blenders had suppressed facts when registering their mark in 1990.

Earlier, in 2013, the Intellectual Property Appellate Board (IPAB) had dismissed both petitions, ruling that the marks were not deceptively similar. Both companies then approached the Madras High Court, which, in its November 7 order, ruled in favour of Allied Blenders. The court directed the removal of Original Choice from the trademark register and confirmed that Officer’s Choice registration remains valid.

During Monday’s hearing, Justice Kant urged both companies to consider the public interest while addressing the issue of tetra packs, saying, “It is very serious.” Rohatgi indicated that John Distilleries had no objection to a time-bound mutual settlement.


Inputs from PTI