The Supreme Court of India has asked the Central Government and all states to respond to a petition by an anti-drunk-driving non-governmental organisation (NGO) that challenges the wide differences in excise rules across the nation, including the absence of a common definition of what counts as a liquor ‘bottle’.
The plea was moved by the Community Against Drunken Driving NGO.
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Hearing the matter, Chief Justice of India Surya Kant noted that the lack of a consistent and clear meaning of the term in state excise laws had enabled “very deceptive packaging” of low-priced alcohol, with some products presented in a manner resembling “fruit juice”.
The court said this had contributed to greater public consumption.
Chief Justice Kant said: “There is ‘green apple’ vodka… This is very deceptive.”
Notices were issued to the union government and the states.
Appearing for the petitioner, advocate Vipin Nair argued that alcohol was being sold in tetra packs under labels, including ‘Bunty Premium Vodka’, ‘Chelli Mango Vodka’ and ‘Premium Romanov Vodka – Apple Thrill’.
The NGO said: “It is alarming that liquor is sold in tetra packs marketed under labels such as ‘Bunty Premium Vodka’, ‘Chelli Mango Vodka’ and ‘Premium Romanov Vodka – Apple Thrill’. This is clearly intended to mislead consumers.
“The use of fruit names alongside colour photographs of apples and mangoes on the packaging further reinforces this deception.”
The petition said the authorities were duty-bound to safeguard public health against what it described as a deliberate strategy to present alcoholic drinks as fruit juices, avoid scrutiny and appeal to underage consumers.
Nair also submitted 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.
The petition also noted that powers granted under state excise laws to permit different forms of liquor packaging were being exercised with revenue collection in mind, despite the public health and environmental concerns involved.
The NGO added: “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, these tetra packs have attractive packaging with vivid colours, but do not have prominent health warnings like in the case of cigarettes, which would dissuade people from drunken driving and responsible drinking.”
