FDA ban on celebrities in alcohol adverts: Supreme Court adjourns judgement

The Supreme Court of Ghana has adjourned its judgement on a landmark case concerning the ban on celebrity endorsements in alcoholic beverage advertisements.

No new date has been announced.

The judgment, initially scheduled for May 8, 2024, by a seven-member panel led by Chief Justice Gertrude Torkornoo, follows an adjournment on April 10, 2024.

After the adjournment, the plaintiff, Mark Darlington Osae, provided an update on his Facebook handle, stating, "Supreme Court Update: Unfortunately, the case against the FDA has been adjourned yet again! No new date given yet."


Background

In 2015, the Food and Drug Authority (FDA) implemented a ban on celebrities from endorsing alcoholic beverages, in line with a World Health Organization (WHO) policy aimed at protecting minors from alcoholism.

The controversy resurfaced in 2020 when artist Wendy Shay publicly criticised the FDA and the Gaming Commission of Ghana for the ban, claiming it deprived celebrities of potential earnings.

Shay urged her peers to oppose the policy, asserting that it was detrimental to their financial well-being.

The FDA maintained that their directive was not intended to impede celebrities' income but to safeguard children.

In 2022, the issue escalated to the Supreme Court.

Music publisher Mark Darlington Osae, who also chairs the Ghana Music Alliance, challenged the FDA's regulations, arguing that they discriminated based on economic status and occupation, among other factors and violated articles 17(1) and 17(2) of the 1992 Constitution.

Prominent figures in the music industry, including Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have voiced opposition to the law, advocating for its repeal before Mark Darlington's legal action.

View the post below

NOTICE! pic.twitter.com/HK4lEFTpLJ

— Mark Darlington (@MarkDarlington_) May 8, 2024