The Supreme Court has strongly criticized the sale of liquor in liquid aseptic carton packs, commonly known as tetra packs. Calling it “dangerous,” the court observed that such containers resemble juice boxes, lack health warnings, and allow minors to access alcohol discreetly.
The issue surfaced during a trademark dispute hearing, prompting the court to rebuke state governments for prioritizing revenue over public health. The Bench urged both parties to seek an amicable settlement through mediation, while emphasizing the larger public-interest implications.
The Bench, comprising Justices Surya Kant and Joymalya Bagchi, was hearing a trademark case between John Distilleries Pvt. Ltd., manufacturer of Original Choice whisky, and Allied Blenders and Distilleries Pvt. Ltd., maker of Officer’s Choice whisky.
When a counsel presented the carton packs of both companies to highlight similarities in their branding, the judges expressed astonishment that the government permitted liquor to be sold in such packaging. “It is a serious issue,” they remarked, observing that the deceptive appearance could make it easier for school and college students to carry alcohol unnoticed. Justice Kant warned, “It is very dangerous. Students could take it to schools or colleges in their bags, and parents could be easily deceived.”
Justice Bagchi said state governments were placing revenue considerations above 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 facilitate a settlement between the two liquor companies.
The legal dispute began when Allied Blenders filed a petition with the trademark registry seeking the removal of John Distilleries’ Original Choice trademark. Allied Blenders argued that Original Choice was phonetically and visually similar to their brand Officer’s Choice, potentially causing consumer confusion. In response, John Distilleries filed a cross-petition, alleging that Allied Blenders had suppressed material facts when registering Officer’s Choice in 1990.
In 2013, the Intellectual Property Appellate Board (IPAB) dismissed both petitions, holding that the two marks were not deceptively similar. Dissatisfied with the ruling, both companies approached the Madras High Court. On November 7, the court ruled in favor of Allied Blenders, directing the removal of Original Choice from the trademark register and affirming the validity of Officer’s Choice registration.
During the proceedings, Justice Kant urged both companies to consider public interest while addressing issues related to tetra packs, noting, “It is very serious.” Senior advocate Rohatgi, representing John Distilleries, indicated that the company had no objection to pursuing a time-bound mutual settlement.
