The Supreme Court has expressed significant apprehension over liquor products packaged in tetra packs that closely resemble children’s juice boxes. The Court highlighted the inherent danger of such packaging, which could enable underage individuals to carry alcoholic beverages to school undetected. Justices voiced surprise that state governments permit such arrangements, implying that revenue interests might be overshadowing crucial public health considerations. The lack of visible health advisories on these deceptively designed containers was also a point of judicial criticism.
This packaging concern was brought to the forefront during ongoing litigation involving Officer’s Choice and Original Choice, two popular whisky brands. Their long-standing trademark dispute, marked by claims of visual similarity in branding, has been a subject of scrutiny for over two decades. The Supreme Court, recognizing the prolonged nature of the conflict, proposed that amending packaging elements—such as color schemes, logos, and typography—could be a practical step towards resolving the issue and preventing public confusion. Both manufacturers have indicated a willingness to explore potential packaging adjustments.