Celebrities can’t be used to advertise alcoholic drinks- Supreme Court uphold FDA ban

This ruling concludes a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music.

Is allowance instantly strangers applauded

The Supreme Court has upheld the Food and Drugs Authority (FDA)'s ban on celebrities endorsing alcoholic beverages. 

This judgment concludes a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music.

Delivering a summary of the decision on Wednesday, June 19, Chief Justice Gertrude Torkornoo confirmed that the FDA's directive does not violate the Constitution. 

As a result, celebrities and other well-known personalities remain prohibited from featuring in alcohol-related advertisements.

On the day of the judgment, George Quaye, a prominent figure in the showbiz industry, was the only celebrity present in court. The complete ruling is scheduled for public release on Friday, June 21.

Legal and Corporate Responses

Joseph Bennie, the FDA's Director for Legal and Corporate Affairs, expressed satisfaction with the court's decision. He emphasized that the Authority would enforce measures to ensure compliance and prevent any attempts to bypass the directive.

In contrast, Nii Ofoli Yartey, a representative from the Ghana Music Alliance, expressed frustration with the outcome and pledged continued advocacy against the ban.

Background of the Legal Dispute

The FDA introduced the directive in 2015 as part of broader efforts to regulate alcohol consumption in Ghana. 

The specific guideline banning celebrities from alcohol advertisements aimed to protect minors from the influence of celebrity endorsements.

Mark Darlington Osae, supported by Bobby Benson from the Robert Smith Law Group, argued that the ban was discriminatory against the creative arts industry. 

The writ filed on November 11, 2022, claimed that the FDA's regulations violated articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status.

Despite support from several industry figures, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, who argued that the ban deprived them of crucial income opportunities, the Supreme Court upheld the FDA's stance.

Industry Reactions and Future Actions

Many stakeholders in the culture and creative industries have criticized the judgment, highlighting the financial impact on artists who rely on endorsements as a significant revenue source. 

The Ghana Music Alliance and other advocacy groups plan to continue their efforts to challenge the ban and seek alternative solutions that balance public health concerns with economic opportunities for celebrities.