The Supreme Court has voiced strong concerns regarding the sale of liquor in tetra packs, cautioning that this packaging could make it easier for students to sneak alcohol into schools. During a hearing on Monday, the justices expressed alarm that the packaging resembles juice boxes and lacks proper health warnings, potentially deceiving both children and parents.
The concerns were raised during a trademark dispute between John Distilleries Pvt Ltd, which produces 'Original Choice' whiskey, and Allied Blenders and Distilleries Pvt Ltd, the maker of 'Officer's Choice' whiskey. Senior Advocate Mukul Rohatgi, representing John Distilleries, presented tetra packs of whiskey to the bench, leading Justice Surya Kant to exclaim, "What is this – a juice packet?".
Justice Kant further questioned whether liquor should be permitted to be sold in tetra packs at all, stating, "Should this even be permitted? Because it is so easy to carry in schools, colleges, etc.". He remarked that this was the first time he had seen liquor in such packaging. Justice Kant also expressed concern about the deceptive nature of the packaging, which could easily mislead parents. "We think this is very dangerous," Justice Kant said. "It can be taken to schools or colleges by students in their bags. Parents can be easily deceived".
The court also criticized state governments for prioritizing revenue over public health. Justice Bagchi stated that governments are "trading on the health of the people". The bench questioned why states were permitting the sale of liquor in this manner, especially since the tetra packs do not look like they contain liquor and lack statutory warnings. "How are governments allowing this?" the Court asked. Senior advocate Abhishek Singhvi highlighted that the tetra packs do not look like they contain liquor at all and there is no warning on them either. "I don't know how the governments are permitting this kind of thing", Justice Kant said in response.
The court has appointed former Supreme Court judge L. Nageswara Rao as mediator to settle the trademark dispute amicably between the two liquor firms. Justice Kant urged both companies to consider the issue of tetra-packs in the larger public interest, saying "it's very serious". The court directed that preliminary discussions be held within a week and also sought a status update in two weeks.
The dispute between the two companies dates back to the early 1990s and concerns the trademarks of their respective whiskey brands. The court indicated that the legality of liquor in cartons may warrant public-interest scrutiny independent of the trademark fight.
