The Supreme Court has, by a majority decision, upheld the Food and Drugs Authority (FDA)’s directive which prevents celebrities from endorsing alcoholic drinks.
This brings an end to a highly publicized nineteen-month legal suit filed against the Authority by the CEO of Black Kulcha Music, Mark Darlington Osae.
Delivering an abridged version of the ruling at the apex court on Wednesday, June 19, Chief Justice Gertrude Torkornoo said, “The FDA’s directive does not contravene the constitution.”
This means that “well-known personalities or professionals are perpetually banned from appearing in advertisements that promote alcoholic drinks.” The full ruling is expected to be made public on Friday, June 21.
Director for Legal and Corporate Affairs at the Food and Drugs Authority, Joseph Bennie, expressed approval of the ruling and disclosed the Authority’s determination to adopt measures to deter well-known personalities and professionals from circumventing the order.
In contrast, an angry representative of the plaintiff with the Ghana Music Alliance, Nii Ofoli Yartey, left the courthouse further voicing intentions of continuing advocacy in regard to the matter.
In 2015, the Food and Drugs Authority (FDA) enforced a directive to regulate the use of alcohol among Ghanaians. As part of their guidelines, the FDA prevented celebrities from advertising for alcoholic beverages. The Authority had explained that due to the influential nature of these showbiz personalities, their involvement in alcoholic advertisements could push minors into alcoholism.
On November 11, 2022, manager of Reggie ‘N’ Bollie and Skrewfaze, Mark Darlington Osae, filed a writ at the Supreme Court, arguing that the FDA’s 2015 regulations against alcoholic advertisement by celebrities were discriminatory against the creative arts industry.
The writ contended that the FDA directive, which prohibits “no well-known personality or professional” from appearing in alcoholic beverage advertising, was inconsistent with and in contravention of the 1992 Constitution.
Prior to the court action, creative industry persons, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had spoken against the law and called for its repeal, as endorsements or advertisements of alcoholic beverages are considered one of the few income streams available to them.
