The Supreme Court, in a 5-2 majority decision, dismissed Mark Darlington Osae’s lawsuit against the Food and Drugs Authority’s (FDA) ban on celebrities appearing in alcoholic beverage advertisements. The court deemed the FDA’s directive as “not excessive and unreasonable.” The panel of seven, chaired by Chief Justice Gertrude Sackey Torkornoo, stated that the directive does not violate the Constitution. Justices Barbara Ackah Yensu and Prof. Henrietta Mensa-Bonsu dissented, and the full reasoning of the 5-2 majority will be available by Friday, June 21, 2024.
The FDA had issued a directive prohibiting the use of celebrities in promoting alcoholic beverages, aiming to protect minors from being influenced by celebrities regarding alcohol consumption.
Mark Osae, manager of Reggie ‘N’ Bollie and Skrewfaze, filed a lawsuit at the Supreme Court on November 11, 2022, claiming that the FDA’s 2015 regulations discriminate against the creative arts industry. Osae, also a music publisher at Perfect Note Publishing and the Chairman and Co-Founder of Ghana Music Alliance, argued that the directive is inconsistent with and violates articles 17(1) and 17 (2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among others.
Before the lawsuit, some stakeholders in the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had spoken against the ban and urged authorities to repeal it. The FDA’s directives aim to discourage the use of celebrities in alcoholic beverage promotions through any medium, as part of the government of Ghana’s efforts to protect children and young people from alcohol marketing.
Osae argued that the child protection measure would deprive the entertainment industry of potential income. In the lawsuit, he pointed out that the FDA’s regulations amount to discrimination based on economic status and occupation, among other grounds. As the Chairman and Co-Founder of Ghana Music Alliance, Osae asked the Supreme Court to declare the guidelines unconstitutional, specifically the provision stating, “No well-known personality or professional shall be used in alcoholic beverage advertising.”
