PIL Against Sale of Alcohol In Tetra Packs: Supreme Court Issues Notice; Calls It 'Very Deceptive'

The Supreme Court has issued notice in a petition seeking a ban on sale of alcohol in "inconspicuous packages" such as tetra packs and sachets. "This is very deceptive. Notice issued," CJI Kant remarked.

A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi issued notice to the Union as well the excise departments of various State governments on the petition moved by an Community against Drunken Driving.

Advocate Vipin Nair, appearing for the petitioners told the bench today, "Unlike tobacco, there is no warning. These packs are fruit juices but has vodka with pictures of apples. Chilli mango vodka etc,".

In April this year, CJI Surya Kant led bench of the Supreme Court had rejected a PIL challenging the availability of Wine in tetra packs in the state of Uttar Pradesh. 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’. 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.

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.

Case Title: COMMUNITY AGAINST DRUNKEN DRIVING Vs THE UNION OF INDIA

Bench: CJI Kant, Justices Bagchi and Pancholi

Hearing Date: May 20, 2026