‘Schoolkids Can Easily Access’: Supreme Court Raises Concerns Over Liquor Sale In Tetra Packs

Last Updated:November 17, 2025, 21:51 IST

The Supreme Court criticised state governments for allowing whisky in tetra packs, citing risks to children, during a trademark dispute between two brands.

Supreme Court of India (Credits: PTI Photo)

The Supreme Court on Monday criticised state governments for prioritising revenue over public health, while voicing concern about the sale of liquor in tetra packs, saying that the carton packaging resembles fruit-juice boxes, carries no health warnings, and enables children to discreetly carry alcohol to schools.

While hearing a long-running trademark dispute between two major whisky makers, John Distilleries Pvt Ltd and Allied Blenders and Distilleries Pvt Ltd, a bench of Justice Surya Kant and Justice Joymalya Bagchi noted that such packaging was “dangerous" and deceiving, news agency PTI reported.

During the hearing, senior advocate Mukul Rohatgi produced whiskey bottles in the top court as evidence in the case. The act turned serious courtroom discussion light as Justice Surya Kant said he hopes the inside material of the bottle is not similar to the outside. Rohatgi then produced tetra packs in which whiskey is being sold. To this, Justice Kant asked, “What is this? Juice?"

Rohatgi said that these are tetra packs of whisky, which are one of the highest-selling products in Karnataka.

The bench said, “Should this at all be permitted. We think this is very dangerous. It can be taken to schools or colleges by the students in their bags. Parents can be easily deceived." Justice Kant said this was the first time in his life he was seeing liquor in tetra packs and remarked, “How did the governments permit these kinds of packets. If someone files public interest litigation, we would like to examine."

Senior advocate Abhishek Manu Singhvi, appearing for Allied Blenders, added that several brands use such packaging and that state governments are “only interested in earning revenue."

Justice Bagchi, however, criticised the practice and said, “Just understand how much tons are wasted on health because of earning revenue… trading on the health of the people."

At the outset, Rohatgi said two suits were filed by Allied Blenders, but the injunction was declined and pointed out that both companies have changed packaging over the years. He said that he has no objection to a mutual settlement but urged the court to make it time-bound.

When the bench proposed arriving at a mutual settlement, the parties agreed. They however prayed that the process may be time-bound. While passing an order to that effect, Justice Kant impressed on the parties to consider the issue of tetra-packs in larger public interest, saying it’s very serious.

What’s The Case?

The John Distilleries have challenged the November 7 order of the Madras High Court which had ruled in favour of Allied Blenders and directed the removal of its ‘Original Choice’ trademark from the register of trademarks.

The high court held that ‘Original Choice’ was deceptively similar to brand ‘Officer’s Choice’ and that its registration violated the Trade Marks Act, 1999.

It had also confirmed that Allied Blenders’ registration for ‘Officer’s Choice’ remains valid.

Initially, the Allied Blenders filed a petition before the trademark registry for the removal of John Distilleries’ “Original Choice" trademark, claiming it was phonetically and visually similar to its mark and likely to confuse consumers.

In turn, John Distilleries filed a cross-petition against Allied Blenders’ “Officer’s Choice" mark and alleged that Allied Blenders had suppressed facts when seeking registration and that its 1990 registration application was filed before it had obtained ownership of the mark.

In 2013, the Intellectual Property Appellate Board (IPAB) had dismissed both petitions, ruling that the marks were not deceptively similar.

Aggrieved by the IPAB order, both liquor giants then approached the Madras High Court, which, in its November 7 order, held the IPAB (since defunct) erred in its 2013 order.

(With inputs from agencies)

Shobhit Gupta

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...Read More

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...

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