The Supreme Court, on Monday, expressed dissatisfaction over alcohol being sold in tetra packs, pointing out that such packaging was "dangerous" and deceiving.
While hearing a trademark dispute between John Distilleries Pvt Ltd, which sells the product 'Original Choice' whiskey, and Allied Blenders and Distilleries Pvt Ltd, which produces 'Officers Choice' whiskey, Justices Surya Kant and Joymalya Bagchi were presented with tetra packs from both companies to demonstrate branding similarities between the products.
Justices Surya Kant and Joymalya Bagchi expressed surprise that the government had allowed liquor to be sold in such packets and said it was a serious issue.
When senior advocate Mukul Rohatgi, appearing for John Distilleries Pvt Ltd, produced the tetra packs of both companies to the bench, Justice Kant said, "What is this packet? Juice."
Rohatgi said that these are tetra packs of whiskey.
The bench then asked, "Should this at all be permitted. We think this is very dangerous. It can be taken to schools or colleges by the students in their bags. Parents can be easily deceived."
Saying that this is the first time in his life that he is seeing alcohol in tetra packs, Justice Kant said, "How did the governments permit these kinds of packets. If someone files public interest litigation, we would like to examine."
When it was pointed out that there are other brands also in the market that are selling alcohol in tetra pack, and governments are only interested in earning revenue from the sale of these products, Justice Bagchi said the governments are trading on the health of the people.
"Just understand how much tons are wasted on health because of earning revenue... trading on the health of the people," Justice Bagchi said.
The bench appointed former Supreme Court judge L. Nageswara Rao as a mediator to settle the dispute amicably between the liquor firms.
Justice Kant asked both the companies to consider the issue of tetra-packs in the larger public interest, saying "it's very serious".
John Distilleries challenged the November 7 order of the Madras High Court, which had ruled in favour of Allied Blenders and directed the removal of its 'Original Choice' trademark from the register of trademarks.
The high court held that 'Original Choice' was deceptively similar to the brand 'Officer's Choice' and that its registration violated the Trade Marks Act, 1999.
It had also confirmed that Allied Blenders' registration for 'Officer's Choice' remains valid.
