Supreme Court Raises Concerns Over Liquor in Tetra Packs

NEW DELHI: The Supreme Court of India has expressed significant apprehension regarding the sale of alcoholic beverages in tetra packs, highlighting the potential risk of these products being accessible to children. During a hearing on Monday, the court's two-judge bench, led by Justices Surya Kant and Joymalya Bagchi, condemned state governments for prioritising financial gain over public health concerns.

The court stated, "The sale of liquor in tetra packs may provide easy access to school-going children and, deceptive in appearance, may go unnoticed by parents as well." This statement came after the judges were presented with tetra packs containing whiskey, which resemble typical fruit juice packaging.

The Supreme Court's comments followed a trademark dispute involving two prominent companies in the liquor industry. The case centred on John Distilleries Ltd., which sought to challenge a decision by the Madras High Court that favoured Allied Blenders and Distillers, known for its 'Officer's Choice' brand of whiskey. The High Court ordered the removal of John Distilleries' 'Original Choice' trademark from the official register.

In its examination of the dispute, the Supreme Court noted that the packaging of liquor products in tetra packs lacks health warnings and could allow children to carry alcohol to school without detection. The court referred the parties involved to retired Justice L. Nageswara Rao for mediation, urging for a resolution within a specified timeframe, with preliminary discussions to commence within a week and a progress report due in two weeks.

The trademark contention has its roots in a long-standing rivalry between John Distilleries Ltd. and Allied Blenders and Distillers Pvt. Ltd. Both companies have registered trademarks for their respective products. They had previously approached the Intellectual Property Appellate Board (IPAB) to contest the other's trademark. However, in a 2013 ruling, the IPAB dismissed both petitions, stating that the marks were not deceptively similar and were unlikely to confuse consumers.

Following a recent ruling by the Madras High Court, which determined that the use of the 'Original Choice' mark by John Distilleries was creating confusion in the market, the company sought the Supreme Court's intervention. During the proceedings, John Distilleries displayed both the original bottles and the tetra pack versions of their products to illustrate their branding.

The Supreme Court's observations on the nature of the products and their marketing strategies have raised broader questions about the implications of such packaging on public health, particularly concerning minors. The court's emphasis on mediation indicates a desire to resolve the trademark dispute amicably while addressing the potential health risks associated with liquor sold in this format.

In a light-hearted moment during the proceedings, Justice Surya Kant remarked on the unusual sight of whiskey in tetra packs, questioning, "What is this? Juice?" Such comments underscored the court's surprise at the marketing approach of liquor brands, which could easily mislead consumers and pose risks to children.

As discussions surrounding the packaging and sale of alcohol in India continue, the Supreme Court's intervention may influence future regulations regarding the marketing of alcoholic beverages, particularly in formats that could attract younger audiences.