Kerala Excise Commissioner Files Counter Affidavit in High Court Over Liquor Brand Naming Contest
In a significant legal development, Excise Commissioner M R Ajith Kumar has submitted a detailed counter affidavit to the Kerala High Court, asserting that an advertisement by Malabar Distilleries inviting public suggestions for naming and designing a proposed new liquor brand does not contravene state laws. The affidavit was filed in response to petitions challenging the advertisement's legality.
Legal Challenge and Commissioner's Defense
The counter affidavit was specifically filed to address petitions lodged by Chintu Kurian Joy, a social activist from Kottayam, and other concerned individuals. These petitioners argued that the advertisement violated provisions of the Kerala Abkari Act, which regulates the sale and promotion of intoxicating substances in the state.
Commissioner Kumar's affidavit makes several key arguments:
- The advertisement in question does not promote any existing liquor brand or encourage the public to purchase or consume alcoholic beverages.
- Section 55H of the Kerala Abkari Act prescribes punishment for advertisements that solicit the use of or offer any liquor or intoxicating drug, but this particular advertisement falls outside that scope.
- The advertisement contains no brand names, bottle images, labels, logos, or any identifiable liquor products that could be construed as promotional material.
Interpretation of the Abkari Act
The affidavit provides a nuanced interpretation of Section 55H, contending that the law specifically penalizes advertisements that directly solicit the use or offering of liquor. According to the commissioner's legal team, the advertisement merely invites public participation in selecting a name and logo for a proposed product that does not yet exist.
"The advertisement represents preparatory acts relating to a future product rather than promotion of an existing one," the affidavit states, emphasizing that Section 55H does not prohibit such preliminary activities.
Court Proceedings and Timeline
Earlier in the legal proceedings, the Kerala High Court had issued an interim stay on any further actions related to the advertisement allegedly published by Malabar Distilleries. This stay was implemented while the court considered the merits of the petitions challenging the advertisement's legality.
The High Court has scheduled March 12 as the date for further consideration of these petitions, where arguments from both sides will be heard in detail. The outcome of this case could establish important precedents regarding how the Kerala Abkari Act applies to marketing activities in the liquor industry.
Broader Implications
This legal dispute highlights the tension between commercial interests in the alcohol industry and regulatory frameworks designed to control substance abuse. The commissioner's affidavit suggests a distinction between direct promotion of liquor consumption and preliminary market research activities, a distinction that could influence future advertising practices in regulated industries.
The case also raises questions about how traditional advertising regulations apply to modern marketing techniques that involve public participation and crowd-sourcing of brand elements.
