"Approach Authorities," Supreme Court Rejects PIL Against Wine Tetra Packs Sold In Uttar Pradesh

A CJI Surya Kant led bench of the Supreme Court on Thursday rejected a PIL challenging the availability of Wine in tetra packs in the state of Uttar Pradesh.

The petitioner Meenkashi Tiwari told court that her daughter stays in Ahmedabad and this was not the case there. "There is no problem there, but in UP children will carry these tetra packs to classes..", the bench was further told.

The bench also comprising Justices Bagchi and Pancholi noted that thestate's policy did not have any express permission of selling liquor in tetra pack in the excise policy. However, some administration decision was taken by state government in February 2025 permitting such small packages of liquor, it further noted.

"The said policy decision is on record. It is not expedient for the court to express any opinion. Since petitioner alleged availability of liquor in tetra packs and is likely to have impact on educational institutions and on the students, we dispose of the plea with liberty to submit the copy of this plea as representation to authorities who may in turn consider the request", the bench went on to order.

Last year, the Supreme Court had expressed concern over sale of alcohol in tetra packs, noting that their deceptive packaging could give school-going children easy access. Tetra packs containing whiskey for sale were presented before a bench of Justices Surya Kant and Joymalya Bagchi during the hearing of a trademark dispute.

"Should this even be permitted...it is so easy to carry in schools", Justice Kant had said. Court was hearing a long-standing trademark battle between two liquor giants – M/s. Allied Blenders and Distillers Pvt. Ltd., marketing its whiskey under the name ‘OFFICER’S CHOICE’ and M/s. John Distillers Ltd., marketing its whiskey under the name ‘ORIGINAL CHOICE’.

Both companies have registered their respective trademarks. Challenging the grant of a trademark to the other, both approached the erstwhile Intellectual Property Appellate Board (“IPAB”) seeking rectification of the mark used by the other. The IPAB, however, vide common order dated March 8, 2013, dismissed both the petitions observing that the two marks were not deceptively similar to each other and were not likely to confuse the public. The Madras High Court, by way of the Impugned order dated November 7, 2025, held that the mark ‘Original Choice’ was in continuous disturbance, and directed rectification thereof.

To give the Court a comparative sense of the competing branding, the original bottles of both products, followed by their tetra pack versions were placed before court respectively.

Observing the nature of the contest and the commercial background, the Court urged that an amicable resolution through mediation may be a more effective route and has accordingly requested Justice L. Nageswara Rao, former Judge of the Supreme Court, to act as Mediator and bring a hiatus to the spirited dispute.

Case Title: MEENAKSHI SHREE TIWARI Vs UNION OF INDIA

Bench: CJI Lant, Justice Bagchi and Justice Pancholi

Hearing Date: April 16, 2026