India’s top court questions deceptive liquor packaging

INDIA – The Supreme Court of India has asked the Central Government and all states to respond to a petition challenging inconsistent excise rules, after noting that loose definitions of “bottle” have enabled deceptive liquor packaging in tetra packs.

Hearing the matter, Chief Justice of India Surya Kant observed that the lack of a consistent and clear meaning of the term in state excise laws had enabled very deceptive packaging, with some products presented in a manner resembling fruit juice, contributing to greater public consumption. 

Chief Justice Kant stated that there is “green apple” vodka, adding that this is very deceptive. 

Notices were issued to the union government and the states.

When a Vodka Label Looks Like Apple Juice

The petition, moved by the NGO Community Against Drunken Driving, argued that alcohol was being sold in tetra packs under labels including “Bunty Premium Vodka,” “Chelli Mango Vodka,” and “Premium Romanov Vodka – Apple Thrill” using fruit names alongside colour photographs of apples and mangoes on the packaging, further reinforcing the deception.

The NGO stated that it is alarming that liquor is sold in tetra packs marketed under such labels, clearly intended to mislead consumers. 

The petition said the authorities were duty-bound to safeguard public health against a deliberate strategy to present alcoholic drinks as fruit juices, avoid scrutiny, and appeal to underage consumers.

The Loose Definition of a ‘Bottle’

Appearing for the petitioner, advocate Vipin Nair argued that inconsistent and loosely framed definitions of “bottle” in state excise statutes had made it easier to market liquor in unobtrusive forms such as plastic sachets and tetra packs. 

Unlike a glass bottle, which is immediately recognisable as an alcohol container, tetra packs and plastic sachets share form factors with juice boxes and single-serve condiments, reducing the visual cue that deters underage consumption. 

The petition noted that powers granted under state excise laws to permit different forms of liquor packaging were being exercised with revenue collection in mind, despite public health and environmental concerns.

Environmental and Health Risks

The NGO added that these packages pose various risks, including consumption by juveniles, drinking in a moving vehicle, health risks, increased ease of smuggling, ease of public consumption, and environmental risks. 

Moreover, the NGO noted that these tetra packs have attractive packaging with vivid colours but do not have prominent health warnings like those on cigarette packages.

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