In a much-anticipated judgment, the Supreme Court has dismissed a lawsuit, that challenged a 2015 Food and Drugs Authority (FDA) directive, banning celebrities from advertising alcoholic products.
By a 5-2 majority decision, Ghana’s highest court said on Wednesday that the FDA’s directive does not contravene the constitution, even though the plaintiff’s arguments had been otherwise. The court’s full judgment is set to be released on a later date.
The lawsuit was filed in 2022 by Mark Osae, an artiste manager and Co-Founder of Ghana Music Alliance, against the FDA for implementing guidelines to regulate alcohol abuse, which included aspects that prohibited celebrities from advertising alcoholic beverages.
The rationale behind the FDA’s directive aimed to shield vulnerable minors from being influenced by celebrities particularly musicians, to patronize alcoholic products due to the influence these popular personalities wielded.
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It was the plaintiff’s case however that those directives were discriminatory and violated Article 17 of the 1992 Constitution. They had also wanted the court to declare orders, to stop the FDA from implementing the directive.
Osae’s legal challenge was supported by many in the music industry including creative players like Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, Camidoh, and others. They claimed the directive would disrupt their source of income, as advertisements also served as a means of generating revenue for themselves.
Sarkodie cited today at the Supreme Court to hear the petition against the FDA’s ban on celebrities advertising alcoholic products.pic.twitter.com/oUJnAt2rg7
— TEAM SARKCESS GH (@TeamSarkCess) November 15, 2023
