Supreme Court to rule on FDA’s ‘No Celebrities In Alcoholic Beverage Ads’ on April 10

The Supreme Court will on April 10, 2024, deliver judgment on a case seeking to quash a directive by the Food and Drugs Authority (FDA) that prohibits well-known persons and professionals including musicians from advertising for alcoholic beverages.

A seven-member panel of the apex Court chaired by Chief Justice, Gertrude Torkornoo on Wednesday, January 17, fixed the date after hearing all parties in the matter.

The FDA in 2015 instituted guidelines for the advertisement of foods and beverages, where the authority noted that no well-known personality or professional shall be used in alcoholic beverage advertisement.

The Guidelines describe a well-known personality as “any person who arouses sufficient interest in society. This may include historical, political, religious, academic, cultural figures as well as celebrities and sports figures.”

According to the FDA, these guidelines are part of efforts to reduce the exposure of minors to such advertisements and to instil responsible use of alcoholic beverages.

However, the plaintiff in the case, Mark Darlington Osae, the manager for Musicians Reggie N Bollie believes that the directive does not mean well for the Ghanaian entertainment industry as it deprives them of another source of income.

In the writ issued on November 11, 2022, the plaintiff, Mark Darlington Osae said these directives are tantamount to discrimination on grounds of economic status, and occupation among others.

The artiste manager and music publisher is however praying the Supreme Court to render unconstitutional the guidelines which stipulate that “No well-known personality or professional shall be used in alcoholic beverage advertising.”

The plaintiff says it is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

The Attorney General was also mentioned as a party to the legal action.

Prior to the suit, creative industry stakeholders 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.