'Deceptive appearance, easily accessible to children': SC slams State governments for sale of liquor in tetra packs

NEW DELHI: Voicing serious concern and displeasure over the sale of liquor in tetra packs, which might make it easily accessible to school-going children, the Supreme Court on Monday criticised State governments for prioritising revenue over public health. 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, observed the two-judge bench of the apex court, headed by Justices Surya Kant and Joymalya Bagchi. The top court made these remarks after being shown tetra packs containing whiskey for sale during the hearing of a trademark dispute case between two well-known companies. The apex court strongly criticised the widespread sale of liquor in tetra packs, noting that the carton packaging resembles fruit-juice boxes, carries no health warnings, and enables children to discreetly carry alcohol to school. It was dealing with John Distilleries Ltd.s plea against a Madras High Court order, which had ruled in favour of Allied Blenders and Distillers, the maker of Officer's Choice whisky, and ordered the removal of John Distilleries Original Choice trademark from the register of trademarks. The Court referred the parties to retired Justice L. Nageswara Rao for time-bound mediation and possible settlement in the case. It directed that preliminary discussions be held within a week and also sought a status update in two weeks. The dispute involved a long-standing trademark battle between two liquor giants the Respondent, M/s. Allied Blenders and Distillers Pvt. Ltd., marketing its whiskey under the name Officer's Choice, and the Petitioner, M/s. John Distillers Ltd., marketing its whiskey under the name Original Choice. Both companies had registered their respective trademarks. Challenging the grant of a trademark to the other, both had approached the erstwhile Intellectual Property Appellate Board (IPAB) seeking rectification of the mark used by the other. The IPAB, however, in a common order in 2013, dismissed both petitions, observing that the two marks were not deceptively similar and were unlikely to confuse the public. Later, the Madras High Court, by an order on November 7, 2025, held the Petitioners mark Original Choice to be in continuous disturbance and directed its rectification. Following this, John Distillers Ltd. (Petitioner) moved the apex court challenging the High Court order. To give the Court a comparative sense of the competing branding, the petitioner placed before the Bench the original bottles of both products, followed by their tetra pack versions. The main argument of the Petitioners case was the registration of its mark and its coexistence in the market for years, which had contributed to its distinct identity. The Respondent, on the other hand, clarified that the present case was one of registration and rectification, and not a passing-off or infringement action. Given the overlap in the brand architecture of both marks, especially the use of the word Choice, coexistence of the two marks was inconceivable. Observing the nature of the contest and the commercial background, the Court urged that an amicable resolution through mediation may be more effective and accordingly requested Justice Nageswara Rao, former Judge of the Supreme Court, to act as mediator and bring a hiatus to the spirited dispute.