Supreme Court flags ‘dangerous’ liquor tetra-packs amid ongoing trademark clash
During the Original Choice vs Officer’s Choice hearing, the Supreme Court questioned why whisky is sold in tetra packs at all, calling the format “deceiving” and a public-health concern. The long-running trademark dispute has now been sent to mediation with a nudge toward broader packaging accountability.
19 Nov 2025 | 62 Views | By Treya Sinha
The Supreme Court on 17 November 2025 turned a routine trademark hearing into a packaging safety debate after objecting to whiskey sold in tetra packs that closely resemble juice cartons.
The bench of Justices Surya Kant and Joymalya Bagchi was hearing an appeal by John Distilleries (Original Choice) against a recent Madras High Court order favouring Allied Blenders and Distilleries (Officer’s Choice).
The fight itself is old: both companies had filed cross-petitions claiming deceptive similarity, and while the IPAB dismissed both sides in 2013, the High Court revived the matter this month, ruling that Original Choice must be removed from the trademarks register.
The moment senior advocate Mukul Rohatgi displayed both brands’ tetra packs, the courtroom’s focus shifted. “What is this packet — juice?” Justice Kant asked, saying he had never seen liquor in such a format. The judges warned that the packs are “dangerous,” easily mistaken for beverages meant for children, and simple to conceal in school or college bags. Justice Bagchi criticised state governments for prioritising excise revenue over consumer well-being, remarking that they were “trading on the health of the people.”
The Court appointed former Supreme Court judge L Nageswara Rao as mediator and directed both companies to attempt a time-bound settlement. Importantly, the bench also urged them to reflect on the wider public-interest questions raised by tetra-pack liquor — signalling that packaging choices, not just trademarks, may soon face closer scrutiny.