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Supreme Court to deliver judgment on celebrity alcoholic advert ban on April 10

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The Supreme Court has fixed April 10, 2024 to deliver judgement on the case in which Mark Darlington Osae has filed a suit against directives that banned celebrities in alcoholic advertisements.

The Food and Drugs Authority (FDA), had issued a directive that placed a ban on celebrities from advertising for alcoholic beverages.

A seven member panel of the apex Court chaired by Chief Justice, Gertrude Torkornoo on Wednesday, January 17, fixed the date after hearing all parties in the matter.

With the exception of the Counsel for the Applicant, Bobby Banson who pointed to the panel of one other authority to add, the rest of the FDA represented by Justine Amenuvor and a Senior State Attorney for the Attorney General’s Office all relied on their statement of cases and processes filed.

The panel consequently fixed April 10, 2024 for judgement.

A few of the celebrities were present in court compared to the last sitting on November 15, 2023.

Sammy Awuku, the Director General of the National Lottery Authority who is with the legal team of the Applicant was present at the Supreme Court.

Background

The FDA’s directives which barred the use of celebrities in plugging alcoholic beverages was aimed at protecting minors from being influenced by celebrities into alcoholism.

Mark Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze dissatisfied with the directive issued a writ at the Supreme Court on November 11, 2022, saying the FDA’s 2015 regulations are discriminatory against the creative arts industry.

The plaintiff (Mark Darlington Osae), also a music publisher at Perfect Note Publishing, wants the Supreme Court to take down that regulation.

Mark Osae, who is the Chairman and Co-Founder of Ghana Music Alliance, said  the FDA 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 quality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.

Before the action was initiated at the Supreme Court, some of the stakeholders in the creative industry including, Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had all spoken against the law and had called on powers that be to repeal it.

The FDA’s directives discourage the use of celebrities in the promotion of alcoholic beverages via any medium.

This policy forms part of the efforts by the government of Ghana to protect children and young people from alcohol marketing.

But the plaintiff ignores this reality and argues that the child protection measure would rob the entertainment industry of potential streams of income.

In the writ issued on November 11, the plaintiff, Mark Darlington Osae said those areas of the FDA’s 2015 regulations are tantamount to discrimination on grounds of economic status, and occupation among others.

The artist, manager, and music publisher is thus asking the Supreme Court to render as unconstitutional the guidelines which stipulate that, “No well-known personality or professional shall be used in alcoholic beverage advertising.” Mr Darlington Osae is the Chairman and Co-Founder of Ghana Music Alliance.

Reliefs

(a).A declaration that on a true and proper interpretation of Article 17(1) and (2) which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is discriminatory, inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution, and thus unconstitutional.

(b). A declaration that on a true and proper interpretation of Article 17(1) and (2), Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which prohibits well known personalities and professionals from advertising alcoholic products is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation amongst others and consequently null, void and unenforceable.

(c). An order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of foods published by the Ist Defendant on Ist February 2016 as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution and as such a nullify.

(d). An order of perpetual injunction restraining the Defendants, their agents or servants or assigns under the pretest of acting under Guideline 3.2.10 of the Guidelines for the Advertisement of foods published by the 1st Defendant on Isl February 2016 from doing anything to prevent any well-known personality or professional from advertising alcoholic products.

 

Source: Ghana/Starrfm.com.gh

News

Be wary of expired, poisonous products in Christmas season – FDA

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The Food and Drugs Authority (FDA) in the Central Region has urged the public to be wary of buying and consuming poisonous products during the Christmas festive season in the name of promotions and cheap prices.

It warned that many products which were near expiry were often dumped onto the market at incredibly low prices for the unsuspecting public during the season.

Madam Francisca Obeng, the Principal Regulatory Officer, FDA, in an interview with the Ghana News Agency, therefore, entreated the public to buy products only approved by the Authority.
She urged them to take responsibility for their health and personal safety by checking the expiry and manufacturing dates and avoiding bloated and dented products.

“It is also very important to pay attention to the storage conditions of the products; ensure that the food you are buying is not directly under the sun or on the floor or in any other unwholesome condition,” she said.

Madam Obeng said consumers of ready-to-eat foods should look out for the Food Hygiene Permits and Street Food Vending Permits of the sellers to ensure they were buying from safe sources.

“If you have to buy food from the street, be sure that the vendor is medically certified, keeps good hygiene principles and has a hand washing station with a neat environment,” she said.
Meanwhile, she said the FDA was still working relentlessly to ensure public health safety through market surveillance, public education, and routine inspections.

Touting some achievements of the Authority in the region this year, Madam Obeng said her office disposed of about eight tonnes of expired, unwholesome, and unregistered products at the Nkanfoa Landfill site in Cape Coast.

She said the Authority was able to meet its target by registering more products through the Progressive Licensing Scheme for small-scale and cottage-sized businesses.

“We also increased visibility in the market by ensuring an increase in market surveillance and more encounters with the public to educate them on food and drug safety,” she added.

Going forward, she assured that they would continue to encourage local cottage and small-scale industries to register their products with the FDA.
“The FDA will intensify the provision of industrial and technical support to industries while ensuring the continuous flow of information regarding our regulatory products,” Madam Obeng added.