Supreme Court to decide on FDA Ban of Known Individuals and Celebrities Advertising Alcoholic Products in Ghana

The Supreme Court is set to give its decision on the case challenging a guideline by the Food and Drugs Authority, prohibiting celebrities and well -known personalities from advertising alcoholic products. A seven member-panel, headed by the Chief Justice, Justice Gertrude Torkornoo, announced April 10, 2024, as the day to rule on the matter.

The case was filed by one Mark Darlington Osae, an artist manager, contesting the FDA’s decision and also seeking a number of reliefs from the Apex Court on the matter. The plaintiff’s case is that, the guideline by the Food and Drugs Authority, is unconstitutional as it breaches provisions in Article 17(2) of the 1992 Constitution. Guidelines 3.2.10 for the Advertisement of Foods was published by the FDA on February 1, 2016, and states that “No well-known personality or professional shall be used in alcoholic beverage advertising”.

The FDA argues that, the guideline was necessary to stop minors getting used to alcohol due to the influence of celebrities. Mr. Osae, who is also the Chairman and Co-Founder of Ghana Music Alliance, in November 2022, filed a lawsuit against the FDA and the Attorney General to the Supreme Court, seeking a number of declarations from the Apex Court.

It says the Guidelines for the Advertisement of Foods published by the Food and Drug Authority, is discriminatory, inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution, and to him, this was therefore unconstitutional.

He is also asking the Apex Court for a declaration which bans well known personalities and professionals from advertising alcoholic products. Also, he is seeking “an order to strike out the guidelines. The Supreme Court set the date for Judgement after listening to arguments forwarded by the parties involved.

George Quaye, an actor, was in court to observe proceedings. He said, he hopes the decision of the Supreme Court, will favour them, as the Entertainment industry, thrives on such collaborations with the beverage companies.