Supreme Court to review controversial alcohol ad ban tomorrow

The Supreme Court of Ghana is scheduled to hear the Food and Drugs Authority (FDA) celebrity ban suit on advertising of alcoholic beverages tomorrow, Wednesday, November 15.

Mark Darlington Osae, the plaintiff, urges industry stakeholders to unite in support of the case against FDA.

He emphasizes the importance of their collective presence during the Supreme Court hearing.

This high-profile case, filed by Mark Darlington Osae, who manages Reggie ‘N’ Bollie and Skrewfaze, is poised to influence the future landscape of celebrity endorsements and advertising regulations in the creative arts sector.

The crux of the matter revolves around the FDA's 2015 ban on celebrities from participating in alcoholic beverage advertisements, citing concerns about protecting minors from alcohol-related influences.

In a writ of summons issued on November 11, 2022, Osae contends that the guidelines unfairly target the creative arts industry, depriving them of a significant income stream.

Osae argues that the FDA's prohibition, outlined in its Guidelines for the Advertisement of Foods, violates constitutional principles, specifically articles 17(1) and 17(2) of the 1992 Constitution. These articles safeguard equality before the law and prohibit discrimination based on social or economic status and occupation, among other factors.

The Attorney General is also implicated in the legal action, as Osae challenges the constitutionality of the FDA's guidelines.

In a private chat with Mark Darlington Osae, he reveals to this reporter that they have been in court over the few months.

The FDA and the Attorney General were asked to present their submissions and enter an appearance where the case will be heard for the first time tomorrow.