New Delhi November 17, 2025 (Bharat Khabarnama Bureau) – The Supreme Court raised a sharp warning on Monday over the growing use of small tetra packs for whisky, calling the format unsafe and easily mistaken for children’s juice boxes. The bench said the practice poses a clear public risk and questioned why states continue to allow such packaging when it can slip into young hands without suspicion.
During the hearing of a trademark dispute between two major liquor producers, Chief Justice-designate Surya Kant and Justice Joymalya Bagchi said the appearance of these packs was alarming. The judges remarked that parents and teachers might never realise a tetra pack contains liquor and not a fruit drink.
The court was examining a long-running battle between Allied Blenders, makers of Officer’s Choice, and John Distillers, which sells Original Choice. Senior advocate Mukul Rohatgi, appearing for John Distillers, told the bench that both companies have annual sales exceeding thirty thousand crore rupees. He added that in Karnataka alone, tetra packs make up nearly sixty five percent of whisky sales. Market observers say the format gained popularity because it is cheap, portable and easy to stock in rural and semi-urban markets.
The rivalry had earlier landed before the Intellectual Property Appellate Board. Both companies accused each other of using labels that could confuse customers, but the Board dismissed both petitions. That changed on November 7 when a division bench of the Madras High Court ordered the rectification of the Original Choice trademark, holding that it resembled Officer’s Choice too closely. John Distillers challenged that decision in the Supreme Court, where the judges examined both bottles and tetra packs used by the firms.
The hearing drew heavyweight legal representation. Harish Salve, A M Singhvi and N K Kaul appeared for Allied Blenders, while Rohatgi and Shyam Divan represented John Distillers. After reviewing the schedule of litigation in various courts, the bench asked the parties whether they would consider ending the dispute outside court. Both sides agreed to explore mediation. The Supreme Court has asked retired judge L Nageswara Rao to steer the talks and attempt a settlement.
The bench will revisit the matter after mediation, but its remarks have already stirred debate in the liquor industry and among policy makers. Public health experts say the court’s concerns are justified and may prompt states to revisit rules governing alcohol packaging, especially for small, low-cost units that can be easily mistaken for harmless drinks.
