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The Food and Drug Administration (FDA) order prohibiting celebrities from advertising alcoholic products was upheld by the Supreme Court in a momentous majority ruling. This verdict brings to an end a nineteen-month legal struggle between Mark Darlington Osae, CEO of Black Kulcha Music, and the FDA.
On Wednesday, June 19, Chief Justice Gertrude Torkornoo issued a shortened version of the opinion, confirming that the FDA instruction did not violate the constitution. As a result, well-known celebrities or professionals are no longer allowed to feature in commercials for alcoholic beverages.
The FDA’s 2015 directive intends to regulate alcohol use in Ghana. The FDA argued that celebrities’ influence could potentially push minors to become alcoholics, therefore justifying the restriction.
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Mark Darlington Osae, represented by Bobby Banson of the Robert Smith Law Group, filed a writ with the Supreme Court on November 11, 2022, contesting the FDA’s laws as discriminating against the creative arts business. Osae said that the order violated paragraphs 17(1) and 17(2) of the 1992 Constitution, which ensure equality under the law and ban discrimination based on social or economic standing, occupation, and other factors.
Regardless of the legal challenge, the Supreme Court’s judgment endorses the FDA’s position. Many individuals in the creative field, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have spoken out against the FDA decision. They say that endorsements or advertisements for alcoholic beverages are critical revenue streams for them, and that any regulation prohibiting such actions deprives them of a living.
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Hard working Online Journalist
Thanks Bro