The Supreme Court, in a 5-2 majority decision, has dismissed a lawsuit challenging the Food and Drugs Authority’s (FDA) ban on celebrities appearing in alcohol advertisements.
The Court ruled that the FDA’s directive was neither excessive nor unreasonable.
The seven-member panel, chaired by Chief Justice Gertrude Sackey Torkornoo, determined that the directive does not violate any constitutional provisions. However, Justices Barbara Ackah Yensu and Prof. Henrietta Mensa-Bonsu dissented.
“The directive does not contravene provisions in the Constitution,” stated Chief Justice Torkornoo. The Court announced that the full reasoning behind the majority decision will be made available by Friday, June 21, 2024.
The FDA’s directive, which prohibits celebrities from promoting alcoholic beverages, was implemented to protect minors from being influenced into consuming alcohol by their idols.
The decision reinforces the FDA’s stance on public health and its efforts to curb underage drinking through the regulation of advertising practices involving popular public figures.
Mark Darlington Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze dissatisfied with the directive issued a writ at the Supreme Court on November 11, 2022, saying the FDA’s 2015 regulations are discriminatory against the creative arts industry.
The plaintiff (Mark Darlington Osae), also a music publisher at Perfect Note Publishing, wants the Supreme Court to take down that regulation.
Mark Osae, who is the Chairman and Co-Founder of Ghana Music Alliance, said the FDA directive which ordered that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.
He contended that Articles 17(1) and 17 (2) of the 1992 Constitution guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.
Before the action was initiated at the Supreme Court, some of the stakeholders in the creative industry including, Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had all spoken against the law and had called on powers that be to repeal it.
The FDA’s directives discourage the use of celebrities in the promotion of alcoholic beverages via any medium.
This policy forms part of the efforts by the government of Ghana to protect children and young people from alcohol marketing.
However, the plaintiff ignores this reality and argues that the child protection measure would rob the entertainment industry of potential streams of income.
In the writ issued on November 11, 2022, the plaintiff, Mark Darlington Osae said those areas of the FDA’s 2015 regulations are tantamount to discrimination on grounds of economic status, and occupation among others.
The artist, manager, and music publisher is thus asking the Supreme Court to render unconstitutional the guidelines which stipulate that, “No well-known personality or professional shall be used in alcoholic beverage advertising.” Mr. Darlington Osae is the Chairman and Co-Founder of Ghana Music Alliance.