Supreme Court to Issue Judgment on FDA Ban on Celebrity Alcohol Adverts

On June 19, 2024, the Supreme Court of Ghana is set to deliver its long-awaited judgment on a case challenging the Food and Drugs Authority’s (FDA) ban on celebrities appearing in alcohol advertisements.

The case was brought before the apex court by Mark Darlington Osae, manager of Reggie ‘N’ Bollie and Skrewfaze, and also a music publisher at Perfect Note Publishing.

Mr. Osae filed a suit against the FDA’s directive, arguing that it discriminates against the creative arts industry and violates constitutional rights.

The FDA’s directive, issued to curb underage drinking by prohibiting celebrities from promoting alcoholic beverages, has been a subject of contention.

It stipulates that “no well-known personality or professional shall be used in alcoholic beverage advertising.”

Mr. Osae, also Chairman and Co-Founder of the Ghana Music Alliance, asserts that this directive contradicts Articles 17(1) and 17(2) of Ghana’s 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on occupation and economic status.

Stakeholders in the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had voiced opposition to the FDA’s regulation before Mr. Osae took legal action.

While the FDA argues that the ban is necessary to protect young people from alcohol marketing influences, Mr. Osae contends that it unfairly restricts the entertainment industry’s ability to generate income.