Supreme Court Upholds FDA Ban on Celebrity Alcohol Endorsements

Mark Darlington Osae, the plaintiff in the high-profile case against the Food and Drugs Authority (FDA), has expressed his disappointment following the Supreme Court's decision to uphold the ban on the promotion of alcoholic beverages by celebrities.

In a majority decision delivered on Wednesday, June 19, 2024, the Supreme Court supported the FDA's directive prohibiting well-known persons or public figures from endorsing alcoholic drinks. This ruling concludes a nineteen-month legal battle initiated by Osae, a Ghanaian music executive and publisher based in the United Kingdom.

Chief Justice Gertrude Torkornoo, delivering an abridged version of the ruling, affirmed that the FDA's directive does not contravene the constitution. As a result, public figures are now permanently banned from appearing in advertisements for alcoholic beverages.

Reacting to the verdict, Osae expressed his dissatisfaction in an interview with Joy FM: "I am disappointed. We are disappointed in the creative arts space with the ruling of the Supreme Court, which went 5-2 against us. Two of the judges sided with us, but five supported the FDA."

Osae emphasized the importance of challenging laws that affect the creative sector. "One of the things I sought to achieve was to ignite that conversation and show people in the creative arts that it is possible to stand up for your rights. When rules and laws affect us, we need to test them against some of these decisions to ensure they are thoroughly scrutinized in the future."

He added that other restrictive laws should also be contested in court. "It has opened the doors for people to start examining decisions that impact the creative space. We should not sit on the fence and only discuss these issues online."

FDA Resolute in Upholding Ban

Following the ruling, Joseph Bennie, Director for Legal and Corporate Affairs at the FDA, welcomed the decision, stating that the Authority will ensure the order is not circumvented by well-known personalities or professionals.

Nii Ofoli Yartey, a representative of the Ghana Music Alliance, expressed frustration but vowed to continue advocacy efforts.

How It Started

The FDA enforced a directive in 2015 to regulate alcohol use among Ghanaians, which included a ban on celebrity endorsements of alcoholic beverages. The FDA argued that celebrity involvement in alcohol advertising could influence minors.

Represented by Bobby Banson from the Robert Smith Law Group, Osae filed a writ at the Supreme Court on November 11, 2022, challenging the FDA's regulations as discriminatory against the creative arts industry. The writ claimed the FDA directive violated Articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination.

Prominent figures in the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have all spoken against the law, arguing that it deprives them of a crucial income stream.

The Supreme Court's decision marks a significant moment in the ongoing debate over the regulation of alcohol advertising and its impact on the creative arts community.

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