'Should This Be Permitted?' : Supreme Court Questions Selling Liquor In Tetra-Packs, Says School Kids Can Easily Access

The Supreme Court today criticized State governments for prioritizing revenue over public health, while voicing concern about the sale of liquor in tetra packs.The Court noted that the sale of liquor in tetra packs may provide easy access to school-going children and, being deceptive in looks, it may go unnoticed by parents as well. The development came after the Court was shown tetra-packs containing whiskey for sale during the hearing of a trademark dispute. A bench of Justices Surya Kant and Joymalya Bagchi was dealing with John Distilleries' plea against the Madras High Court order which 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.After hearing Senior Advocates Mukul Rohatgi, Neeraj Kishan Kaul, Harish Salve, Dr AM Singhvi and Shyam Diwan, with the consent of the parties, the bench referred the matter for mediation to former Supreme Court judge Justice L Nageswara Rao."We deem it appropriate to request Justice L Nageswara Rao, former judge of this Court, to act as mediator. Having regard to the nature of urgency involved, we request the ld. Mediator to take up the matter on priority basis and make an endeavor to conclude a settlement process at the earliest."During the hearing, Rohatgi produced the products (bottles and tetra packs) of the two companies. When Rohatgi showed the tetra-packs selling the whiskey, the judge was surprised and expressed concern about the packs providing easy access to liquor to school children. "Major sales is this because it is the cheapest", said Rohatgi."Should this even be permitted? Because it is so easy to carry in schools, colleges, etc.", remarked Justice Kant. "That's how it is going on", replied Rohatgi. "First time I am seeing it", conveyed a surprised Justice Kant.During submissions, Rohatgi mentioned inter-alia that 2 suits were filed by Allied Blenders, but injunction was declined. He also highlighted that both companies have changed their product packaging over the years.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.In this regard, 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 governments are interested in revenue, they don't...", opined Salve.Justice Bagchi stressed that the governments are trading on the health of the people. "Understand how much of tons are wasted on health because of earning revenue...trading on the health of the people"."Your lordships may look at this issue later, I have no difficulty" Rohatgi then told the bench.Case Title: M/S. JOHN DISTILLERIES PVT LIMITED Versus M/S. ALLIED BLENDERS AND DISTILLERS PVT LTD., SLP(C) No. 33238-33239/2025

'Should This Be Permitted?' : Supreme Court Questions Selling Liquor In Tetra-Packs, Says School Kids Can Easily Access

Debby Jain

The Court said that the Governments were trading on people's health for the sake of revenue.

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