Supreme Court Questions Sale of Liquor in Juice-Like Tetra Packs

The Supreme Court in John Distilleries Vs Allied Blenders expressed serious concern over the sale of liquor in tetra packs, noting that these cartons look similar to fruit-juice boxes and do not carry any health warnings. The Bench remarked that such packaging makes it easy for children to carry alcohol to schools without being noticed.

A Bench of Justices Surya Kant and Joymalya Bagchi made these observations while hearing cross-petitions in the long-running trademark dispute between two major whisky brands—Officer’s Choice (Allied Blenders & Distillers) and Original Choice (John Distilleries).

The Court questioned how governments were allowing liquor to be sold in packs that do not even resemble alcohol containers. It said that the State seems to focus only on revenue, without considering the public-health impact of such packaging.

The Bench commented that the absence of clear warnings and the juice-like appearance of tetra packs raise serious risks and require closer regulation.

Background of the Trademark Dispute

The dispute between the two brands dates back to the early 1990s. Officer’s Choice, first used in 1988, later became a registered trademark. Original Choice entered the market in 1995–96 and secured registration as well. Over the years, both brands have grown into major whisky sellers with combined markets worth more than ₹60,000 crore.

The main issues in the case include:

• Whether “Original Choice” is deceptively similar to “Officer’s Choice”
• Whether the word “CHOICE,” which both parties had disclaimed, still contributes to confusion
• Whether the colour schemes, badges, motifs and overall layout create a misleading impression
• Whether more than two decades of coexistence amounts to acquiescence or honest concurrent use

In 2013, the IPAB dismissed both sides’ rectification petitions, holding that the marks were not deceptively similar. However, the Madras High Court later set aside this order and ruled in favour of Original Choice, saying the IPAB had erred by ignoring the overall look and design of the labels.

Supreme Court Suggests Mediation

Observing that the case had stretched for more than twenty years, with twelve years spent at the High Court alone, the Supreme Court suggested that the parties consider modifying their branding instead of continuing prolonged litigation.

Both companies agreed to explore changes in colour schemes, emblem placement and the styling of the word “CHOICE.” The Bench then referred the matter to retired Supreme Court judge Justice L. Nageswara Rao for mediation.

The Court directed that discussions begin within a week and asked for a status report within two weeks.

Concern Over Tetra Pack Liquor

Towards the end of the hearing, a counsel jokingly remarked that the litigation would end if tetra-pack liquor was banned. The Court responded that this highlighted a larger regulatory problem and noted that the legality of selling alcohol in such cartons may require separate examination in the public interest.

Senior Advocates Mukul Rohatgi and Shyam Divan appeared for John Distilleries, while Harish Salve and Abhishek Manu Singhvi represented Allied Blenders.