SC Issues Notice on PIL Against Liquor Sold in Tetra Packs, Sachets

NEW DELHI:
The Supreme Court on Wednesday issued notice to the Centre and all states on a public interest litigation (PIL) raising concerns over the sale of alcohol in inconspicuous packaging such as tetra packs, PET bottles, plastic sachets and other portable containers.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi passed the order while hearing a petition filed by an NGO.

During the hearing, the CJI Kant-led Bench orally remarked, “This is very deceptive”, after being informed by the petitioner’s counsel, advocate-on-record Vipin Nair, that certain alcoholic beverages were being packaged in containers resembling fruit juices, complete with fruit imagery and flavours.

The plea seeks formulation of uniform and harmonised guidelines across states to regulate the packaging of liquor, contending that divergent definitions under various State Excise Acts allow alcohol to be sold in “flasks”, “pots”, “wrappers” and other similar receptacles. According to the petition, alcohol is increasingly being sold in portable and inconspicuous packaging such as tetra packs, plastic sachets and small PET bottles, which can be easily concealed and carried in public places.

It argued that such packaging “poses various risks, including consumption by juveniles, drinking in a moving vehicle, health risks, increased ease of smuggling, ease of public consumption, and environmental risks”.

The plea further highlighted that these products are often marketed using fruit names and colourful designs, making them deceptively similar to non-alcoholic beverages and consequently increasing their appeal, particularly among younger consumers.

“Such packaging, being deceptively similar to fruit juices, facilitates easy access and concealment, encourages underage consumption, promotes public drinking and drunk driving,” the petition stated.

It added that, unlike tobacco products, these alcohol packs do not carry prominent health warnings, with any cautionary messages being printed in small, barely visible text.

The petitioner organisation, which has been campaigning against drunken driving and underage drinking for over two decades, contended that the absence of uniform regulation has resulted in states prioritising revenue considerations over public health and safety.

The plea referred to provisions under different state excise laws, including those in Uttar Pradesh, Punjab, Maharashtra, Karnataka and Andhra Pradesh, which define “bottle” and “bottling” in broad terms to include receptacles such as sachets, wrappers, flasks, packets and similar containers.

Seeking intervention of the apex court, the petition prayed for uniform and harmonised guidelines governing liquor packaging across the country while keeping public health, road safety and environmental concerns in mind.

Seeking intervention of the top court, the petition has prayed for directions to the Union and states to adopt a uniform definition of “bottle” restricted to clearly identifiable containers and to frame guidelines keeping in view public health, road safety and environmental concerns.