The Supreme Court, while hearing a trademark dispute today, raised strong concerns over the sale of liquor in tetra-packs and questioned why States permit such packaging when it poses significant risks to minors. The bench observed that tetra-packs resemble ordinary beverage cartons, making them harder for parents to detect and easier for school-going children to access. The judges also criticised State governments for prioritizing revenue over public health.

The matter arose during the hearing of John Distilleries’ challenge to a Madras High Court ruling that favoured Allied Blenders and Distillers—the maker of Officer’s Choice—and directed removal of the ‘Original Choice’ trademark from the register. A bench comprising Justices Surya Kant and Joymalya Bagchi, after hearing Senior Advocates Mukul Rohatgi, Neeraj Kishan Kaul, Harish Salve, Dr. AM Singhvi and Shyam Divan, referred the dispute for mediation to former Supreme Court judge Justice L. Nageswara Rao.

“We consider it appropriate to request Justice L. Nageswara Rao to act as mediator. Given the urgency, he may take up the matter on priority and attempt to conclude the settlement process at the earliest,” the Court stated.

During the hearing, Rohatgi produced the rival products, including bottles and tetra-packs. When he displayed the whiskey tetra-packs, Justice Kant expressed surprise and concern, noting that such packaging makes liquor easily portable in schools and colleges. Rohatgi added that these packs account for the highest sales due to their low cost. “Should this even be allowed?” Justice Kant asked, remarking that it was the first time he had seen such packaging.

Rohatgi pointed out that two suits filed by Allied Blenders earlier did not lead to injunctions and that both companies have revised their packaging over the years. When the Court suggested exploring a negotiated settlement, all parties agreed, but requested that the process be time-bound. Justice Kant urged both sides to also examine the broader public-interest issues surrounding tetra-packs, calling the matter extremely serious.

Senior Advocate Singhvi noted that the tetra-packs do not even appear to contain alcohol and lack warning labels. Justice Kant questioned how governments permitted such packaging, while Salve remarked that States prioritize revenue instead of public safety. Justice Bagchi added that governments are effectively “trading on the health of the people,” pointing out the heavy public-health burden caused by alcohol-related harm.

Rohatgi assured the bench that they would have no objection if the Court chose to examine the public-health aspect separately at a later stage.

Case Title: M/s John Distilleries Pvt. Ltd. v. M/s Allied Blenders and Distillers Pvt. Ltd., SLP(C) No. 33238–33239/2025