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SUPREME COURT TO COMMENCE HEARING ON FDA’S BAN ON CELEBRITIES FROM ADVERTISING ALCOHOLIC PRODUCTS

The Supreme Court of Ghana will commence hearing into an application brought before it by Mark Darlington Osae against the Food And Drugs Authority and the Attorney General, Godfred Yeboah Dame over a directive that bans celebrities from advertising for alcoholic beverages.

The plaintiff, the Chairman and Co-Founder of Ghana Music Alliance believes the FDA’s Guideline 3.2.10 which orders 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.

On November 11, 2022, the plaintiff, filed an application invoking the original jurisdiction of the Supreme Court, saying the FDA’s 2015 regulations are discriminatory against the creative arts industry.

The FDA banned Ghanaian celebrities from advertising alcoholic beverages in 2015. According to the regulator, the ban was in adherence to a World Health Organisation policy.

According to the defendant (Food And Drugs Authority), the directive is to protect minors from being influenced by celebrities into alcoholism.

It also said the decision was part of efforts to protect children and prevent them from being lured into alcoholism.

The hearing is set to begin on Wednesday, November 15, 2023.

 

 

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