The Supreme Court, by a majority decision, has upheld the Food and Drugs Authority (FDA) directive prohibiting celebrities from endorsing alcoholic beverages.
This ruling concludes a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music.
Chief Justice Gertrude Torkornoo, delivering an abridged version of the ruling, stated that the FDA directive does not contravene the constitution.
The Court ruled 5-2 in favor of the FDA, affirming the directive against alcoholic advertisements by celebrities.
The FDA’s 2015 directive aims to regulate alcohol consumption in Ghana, barring celebrities from advertising alcoholic beverages due to their influential nature and the potential impact on minors.
On November 11, 2022, Mark Darlington Osae, a music publisher and Chairman of Ghana Music Alliance, filed a writ at the Supreme Court, arguing that the directive discriminates against the creative arts industry and contravenes 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.
Despite opposition from various creative industry stakeholders, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, the Supreme Court’s ruling stands, permanently barring well-known personalities and professionals from appearing in alcoholic beverage advertisements.
Godfred Sey/ Ahotoronline.com
