The Supreme Court has dismissed a suit challenging the Food and Drugs Authority’s (FDA) directives that prohibits celebrities from advertising alcoholic beverages.
The panel of seven (7) chaired by Chief Justice Gertrude Sackey Torkornoo said the directive does not contravene provisions in the Constitution.
According to the FDA the directive that placed a ban on celebrities from advertising for alcoholic beverages is aimed at protecting minors from being influenced by celebrities into alcoholism.
However, Mark Osae, manager of Reggie ‘N’ Bollie and Skrewfaze contended the directive and issued a writ at the Supreme Court on November 11, 2022, indicating that FDA’s 2015 regulations are discriminatory against the creative arts industry hence seeking the Supreme Court to take down the regulation
Mark Osae also argued that the FDA’s directive which ordered 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 contended 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 null, void, and unenforceable.
Other celebrities including, Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, all spoke against the directive and called on the court to repeal it.
With a majority 5-2 decision the Supreme Court presided by Chief Justice Gertrude Torkonoo upheld the constitutionality of the directive and dismissed the suit challenging FDA’s directive.
