In a stern rebuke, the Supreme Court has questioned the proliferation of liquor sold in tetra packs that bear a striking resemblance to fruit juice boxes. The Court voiced strong objections, noting that such packaging makes it alarmingly easy for minors to transport alcohol discreetly, even into school environments. Justices criticized state authorities for allowing these products, suggesting that fiscal considerations likely outweigh public health concerns in their decision-making. The absence of clear statutory health warnings on these misleading containers was also a significant point of contention.
The judiciary’s focus on this packaging anomaly arose within the context of a protracted legal battle between Officer’s Choice and Original Choice, two leading whisky brands. The dispute, which has spanned over twenty years, centers on claims of trademark infringement due to similar branding elements. While acknowledging the lengthy market presence of both brands, the Supreme Court recommended that a resolution might lie in modifying packaging designs, including color palettes and label elements, to ensure distinctiveness and reduce potential confusion. Discussions are underway for both companies to examine design alterations.