Mark Darlington Osae, plaintiff 

Judgement on celebrities’ court case against FDA slated for April 10

The Supreme Court will announce its judgement on the case regarding the cancellation of the Food and Drugs Authority’s directive against the alcoholic advertisement by celebrities on April 10, 2024. This date was chosen by a seven-member panel of the Supreme Court, led by Chief Justice Gertrude Torkornoo, on January 17, 2024.

In 2015, the Food and Drugs Authority implemented a directive to regulate the consumption of alcohol in Ghana. A specific part of these regulations prohibits celebrities from endorsing alcoholic beverages. The Authority argued that since showbiz personalities have a significant influence, their involvement in alcoholic advertisements could encourage minors to develop alcohol-related issues.

Represented by Bobby Banson from the Robert Smith Law Group, Mark Darlington Osae acted as the plaintiff in this case, while the Food and Drugs Authority was represented by Justine Amenuvor. Sammy Awuku, the Director General of the National Lottery Authority and a member of Mark Darlington’s legal team, was also present.

On November 11, 2022, Mark Darlington Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze, filed a lawsuit at the Supreme Court, arguing that the FDA’s 2015 regulations discriminated against the creative arts industry by limiting alcoholic advertisements involving celebrities. Mark Darlington, who is also a music publisher at Perfect Note Publishing and Chairman and co-founder of the Ghana Music Alliance, an organization dedicated to enhancing the creative industry, believes that the FDA’s directive, which prevents well-known personalities or professionals from participating in alcoholic beverage advertising, violates articles 17(1) and 17(2) of the 1992 Constitution. He asserts that these articles guarantee equality before the law and prohibit discrimination based on social or economic status or occupation, making the FDA’s directive null, void, and unenforceable.

Prominent figures in the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have criticized the FDA’s regulations and called for their repeal. They argue that endorsements and advertisements for alcoholic beverages are one of the few income sources available to them, and any law that restricts their involvement in such activities deprives them of their livelihood.