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Supreme Court Throws Out Suit against FDA guideline on using celebrities for advertising alcoholic products

Date: 19 Jun 2024

In a significant ruling on Wednesday, Ghana’s highest court dismissed a lawsuit filed by Mark Darlington Osae, Manager of Hiplife artistes – Reggie ‘N’ Bollie and Skrewfaze against the Food and Drugs Authority’s guideline on using celebrities for advertising alcoholic products.

The suit, filed in November 2023 was seeking a declaration that “ on a true and proper interpretation of Article 17(1) and (2) which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is discriminatory, inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution, and thus unconstitutional. However, the court unanimously held that the FDA guideline is not unreasonable neither does it contradict Article 17 (1) of the 1992 Constitution.

The court’s decision comes as a major victory for the FDA, who has faced intense criticism from opponents over the handling of the directive. The ruling solidifies the Food and Drugs Authority’s ability to continue implementing their regulatory duties, including banning celebrities from advertising alcoholic products.

The plaintiffs expressed disappointment in the decision and vowed to continue fighting for what they believe is a critical  discrimination of people on grounds of social or economic status”. The FDA has welcomed the ruling, stating that it validates their commitment to protecting the public’s health and safety.

The decision is seen as a significant precedent in the ongoing tug of war between the FDA and Ghanaian celebrities.

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abdul razak fuseini

simping and brimming about nature.
life??? you only live once la !!!!