Why Ghanaian celebrities are in Supreme Court against FDA; Judgment set for April 10
The seven-member panel of the Supreme Court, presided over by Chief Justice Torkornoo, has meanwhile set judgment for April 10, 2024, after parties filed their Memorandum of Issues.
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On February 1, 2016, the Food and Drug Authority (FDA) issued Guideline 3.2.10, which states, among others, that "no well-known personality or professional shall be used in alcoholic beverage advertising".
In further elaboration of the above, the Authority indicated that it is to protect and save minors from being hooked on alcoholic beverages since celebrities could easily influence them when used for such a venture.
It noted that its research as a body had revealed that there has been a rise in alcohol-related ailments and sicknesses in recent times, especially among minors, thus the need to domesticate this World Health Organization (WHO) policy to this end.
This move obviously didn’t sit well with celebrities, especially musicians, who expressed their unhappiness about the policy lamenting the great toll it would eventually have on their finances since such signings form a greater part of their largesse.
Consequently, in November 2023, Mark Darlington Osae, artist manager and Chairman of Ghana Music Alliance filed this suit at the apex court challenging the constitutionality of this administrative decision of the FDA.
In the writ sighted by Dennislaw News, the plaintiff avers that the FDA’s ban on celebrity advertisements for alcoholic beverages sins against Article 17 of the 1992 Constitution.
He thus seeks the Supreme Court to declare it discriminatory, inconsistent with, and in contravention of articles 17(1) and 17(2) of the 1992 Constitution, and thus unconstitutional.
Further, Mr. Osae wants a declaration by their Lordships to the effect that the FDA’s ban is discriminatory against persons on grounds of social or economic status and occupation, amongst others, and consequently null, void, and unenforceable.
Also, the plaintiff wants the Supreme Court to strike down the February 1, 2016 guidelines of the FDA as inconsistent with and in contravention of the letter and spirit of the 1992 Constitution and as such a nullity.
The seven-member panel of the Supreme Court, presided over by Chief Justice Torkornoo, has meanwhile set judgment for April 10, 2024, after parties filed their Memorandum of Issues.
