Supreme Court Dismisses Suit Challenging FDA’s Ban on Celebrities in Alcohol Advertisements

The Supreme Court has ruled against a legal challenge that sought to overturn the Food and Drugs Authority’s (FDA) rule preventing celebrities from endorsing alcoholic drinks.

The FDA’s guideline, established in 2016, states that no celebrity or professional should be featured in alcohol advertisements. Mark Darlington Osae, manager of musicians Reggie N Bollie, argued that this policy was unfair and violated the constitution.

He asked the Supreme Court to declare the FDA’s directive discriminatory based on articles 17(1) and 17(2) of the constitution, which ensure equality before the law and prohibit discrimination.

However, with a majority decision of 5-2, led by Chief Justice Gertrude Torkonoo, the court upheld the FDA’s guidelines. Osae’s attorney, Bobby Banso, claimed that banning celebrities from alcohol ads was biased against the creative arts sector.

The legal action maintained that the FDA’s directive contradicted constitutional articles guaranteeing equal treatment and non-discrimination based on social or economic status or occupation. It sought to have the guideline declared unconstitutional and unenforceable.

Prominent figures in the entertainment industry like Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh have criticized the directive. They argue that endorsing alcoholic products is an essential source of income for artists and that the prohibition negatively impacts their earnings.