The Food Drugs Authority (FDA) directive that prohibits celebrities from endorsing alcoholic drinks has been upheld by the Supreme Court in a majority decision.
This ruling comes as a result of a lawsuit filed by Mark Darlington Osae, CEO of Black Kulcha Music, after a highly publicized nineteen-month legal battle.
As a result of Wednesday’s ruling, well-known personalities and professionals are now permanently prohibited from appearing in advertisements promoting alcoholic beverages.
Chief Justice Gertrude Torkornoo delivered a condensed version of the ruling at the Supreme Court, stating that the FDA directive is by the Constitution.
The Supreme Court voted 5-2 in favour of the FDA, affirming the directive against alcoholic advertisements featuring celebrities.
In 2015, the Food and Drugs Authority implemented a directive to regulate the promotion of alcohol in Ghana.
This directive specifically prohibited celebrities from endorsing alcoholic beverages. The authority justified this measure by stating that the influence of these celebrities could potentially encourage underage drinking.
The plaintiff, Mark Darlington Osae, was represented by Bobby Benson from the Robert Smith Law Group, while Justine Amenuvor represented the Food and Drugs Authority. Sammy Awuku, the Director General of the National Lottery Authority and a member of Mark Darlington’s legal team, was also present during the proceedings.
Mark Darlington Osae, who manages Reggie ‘N’ Bollie and Skrewfaze, filed a lawsuit at the Supreme Court on November 11, 2022, arguing that the FDA’s regulations unfairly targeted the creative arts industry.
In addition to being a music publisher at Perfect Note Publishing, Mark Darlington Osae is the chairman and co-founder of the Ghana Music Alliance, an organization dedicated to advocating for the improvement of systems, structures, and institutions within the creative industry.
Mark initiated the court action, arguing that the FDA directive, which prohibits the use of well-known personalities or professionals in alcoholic beverage advertising, contradicts and violates articles 17(1) and 17(2) of the 1992 Constitution.
According to Mark, these articles ensure equality before the law and prohibit discrimination based on social or economic status, occupation, and other factors. Mark further asserts that the directive is null, void, and unenforceable.
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