The Supreme Court has dismissed a lawsuit challenging the constitutionality of the Food and Drugs Authority’s (FDA) guidelines prohibiting celebrities from advertising alcoholic beverages.
The 2016 FDA directive stipulates that no well-known personality or professional shall be used in alcoholic beverage advertisements, a rule intended to curb alcohol promotion among youth.
Mark Darlington Osae, manager of musicians Reggie N Bollie, filed the suit, arguing that the directive discriminates against celebrities and violates the equality provisions of the 1992 Constitution.
He sought an injunction against the FDA, claiming that the regulation breaches articles 17(1) and 17(2), which guarantee equality before the law and prohibit discrimination based on social or economic status.
Osae’s lawyer, Bobby Banso, contended that the ban unfairly targets the creative arts industry, depriving artists of a significant income stream. The suit argued that the directive is inconsistent with constitutional guarantees of non-discrimination and equal treatment.
The Supreme Court, in a 5-2 majority decision presided over by Chief Justice Gertrude Torkonoo, upheld the constitutionality of the FDA’s guidelines. The court ruled that the directive does not violate the constitutional provisions cited by Osae.
The lawsuit sought several reliefs, including:
- A declaration that the FDA guideline is discriminatory and unconstitutional.
- An order striking down the guideline as null and void.
- An injunction preventing the enforcement of the guideline against celebrities.
The court’s decision has sparked significant backlash from prominent figures in the creative industry.
Artists like Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh have voiced their opposition, arguing that the ban adversely impacts their livelihoods by eliminating a vital source of income.
They urge the FDA to reconsider the directive, emphasizing the financial importance of endorsement deals for alcoholic beverages.
Despite the Supreme Court’s ruling, the debate over the FDA’s guidelines continues, highlighting the tension between regulatory intentions to protect public health and the economic interests of the creative arts sector.
THANK YOU for constantly reading stories on Ghana Music. Kindly like, follow, comment, and SHARE stories on all social media platforms for more entertaining updates! Do you have content that you want to be featured on Ghana Music? Reach out to us on WhatsApp on 055 979 9767 or via Email at info@ghanamusic.com. #GhanaMusic
