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The Supreme Court has upheld the Food and Drugs Authority (FDA) directive that prohibits celebrities from endorsing alcoholic beverages. The apex court by majority decision ended a high-profile nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music.
Chief Justice Gertrude Torkornoo delivered an abridged version of the ruling on Wednesday, June 19, 2024, affirming that the FDA’s directive is constitutional. As a result, well-known personalities and professionals are permanently barred from appearing in advertisements promoting alcoholic drinks.
Background
As part of measures aimed at regulating alcohol consumption among Ghanaians, the FDA in 2015 issued a directive which prohibited celebrities from advertising alcoholic beverages. The FDA argued that the influence of these public figures could lead minors to consume alcohol.
Mark Darlington Osae, represented by Bobby Banson of the Robert Smith Law Group, filed a writ on November 11, 2022, challenging the FDA’s regulations as discriminatory against the creative arts industry. Osae claimed that the directive violated articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status or occupation.
Prominent creative industry figures, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have criticized the law, arguing that endorsements of alcoholic beverages are a crucial source of income for them. They believe the ban deprives them of an essential revenue stream.
