Supreme Court set to rule on FDA ban on celebrity alcohol advertising today
The Supreme Court will deliver a landmark judgment today regarding the contentious issue of celebrity endorsement of alcoholic beverages.
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In his social media post, Darlington wrote, "SUPREME COURT JUDGEMENT IS TODAY!! Just to alert you that the FDA Celebrity Ban Court judgment will be given TODAY, Wednesday, 8th May 2024, at the SUPREME COURT premises, Accra. Time: 9.30 am Sharp! Thnx."
BACKGROUND
In 2015, the Food and Drugs Authority (FDA) implemented a ban on Ghanaian celebrities endorsing alcoholic beverages, citing a World Health Organization policy and a desire to shield children from the allure of alcoholism.
However, this move has been met with resistance from the creative industry.
Mark Darlington Osae, manager of Reggie 'N' Bollie and Skrewfaze, took legal action against the FDA and Attorney General Godfred Yeboah Dame in November, challenging the ban.
Several stakeholders, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have spoken out against the law, urging its repeal.
On November 11, 2022, Osae, also a music publisher at Perfect Note Publishing, filed a writ of summons, arguing that the FDA's 2015 regulations unfairly target the creative arts industry.
As Chairman and Co-Founder of Ghana Music Alliance, Osae contends that the FDA directive prohibiting the use of well-known personalities in alcoholic beverage advertising violates articles 17(1) and 17(2) of the 1992 Constitution.
These articles guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, and other factors, rendering the FDA directive null, void, and unenforceable.