Celebrities can’t promote alcoholic drinks -Supreme Court

Celebrity endorsements of alcoholic drinks have been banned by the Food and Drugs Authority (FDA), a decision that has been supported by the Supreme Court. This ruling marks the end of a lengthy legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music. Chief Justice Gertrude Torkornoo delivered a summary of the ruling, stating that the FDA’s directive is in line with the constitution. This means that well-known personalities and professionals are prohibited from participating in alcohol advertisements.

Only one celebrity, George Quaye, was present in court on the day of the ruling. The full ruling will be made public on Friday June 21. FDA’s Director for Legal and Corporate Affairs, Joseph Bennie, welcomed the decision and pledged to enforce the ban on celebrity endorsements of alcohol. However, representatives of the Ghana Music Alliance expressed disappointment and vowed to continue advocating for change.

The legal battle began in 2015 when the FDA implemented guidelines to regulate alcohol use in Ghana. The directive prohibiting celebrities from alcohol advertising was challenged by Mark Darlington Osae, who argued that it violated constitutional rights. Several prominent figures in the creative industry have also opposed the ban, claiming it restricts their earning potential. The court case was ultimately decided in favor of the FDA, upholding the ban on celebrity endorsements of alcoholic drinks.

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The Supreme court has by a majority decision upheld the Food and Drugs Authority (FDA)’s directive which prevents celebrities from endorsing alcoholic drinks.

This brings an end to a highly publicised nineteen-month legal suit filed against the Authority by the CEO of Black Kulcha Music, Mark Darlington Osae.

Delivering an abridged version of the ruling at the apex court on Wednesday, June 19, Chief Justice, Gertrude Torkornoo, said the FDA’s directive does not contravene the constitution.

This means that well-known personalities or professionals are perpetually banned from appearing in advertisements that promote alcoholic drinks.

On the day this landmark ruling was given, only one well-known personality in the showbiz industry, George Quaye showed up in court.

The full ruling is expected to be made public on Friday June 21.

Speaking to reporters after the ruling, Director for Legal and Corporate Affairs at the Food and Drugs Authority, Joseph Bennie welcomed the ruling and said the Authority will take steps to prevent well-known personalities and professionals from circumventing the order.

An angry representative of the plaintiff with the Ghana Music Alliance, Nii Ofoli Yartey left the court house saying they’ll continue with their advocacy.

Background

The Food and Drugs Authority (FDA) in 2015 enforced a directive meant to regulate the use of alcohol among Ghanaians. However, aspects of their guidelines prevent celebrities from advertising for alcoholic beverages.

The Authority had explained that due to the influential nature of these showbiz personalities, alcoholic advertisements they are involved in could push minors into alcoholism.

Representing the plaintiff Mark Darlington Osae, was Bobby Banson from the Robert Smith Law Group, while the Food and Drugs Authority was represented by Justine Amenuvor.

On November 11, 2022, Mark Darlington Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze, filed a writ at the Supreme Court, describing the FDA’s 2015 regulations against alcoholic advertisement by celebrities as discriminatory against the creative arts industry.

The writ indicates that the FDA directive which orders that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

He contends that, Articles 17(1) and 17 (2) of the 1992 Constitution guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently makes the directive null, void, and unenforceable.

Creative industry persons including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have all spoken against the law and called on powers that be to repeal it, prior to the court action initiated by Mark Darlington.

According to the stakeholders of the culture and creative industries, endorsements or advertisement of alcoholic beverages is one of the very few income streams available to them at present, therefore, any law that restricts their engagement in such activities robs them of their livelihood.