Court rules on adverts ban of strong liquor on December 5

Accra, Oct. 24, GNA - An Accra Fast Track Court will on December 5 decide on whether to grant or refuse an application for an order of perpetual injunction brought before it by the Ghana Independent Broadcasters Association (GIBA) to restrain the Food and Drugs Board (FDB) from interfering with the airing of advertisements of strong liquors by members of the Association. The court will also give its ruling on whether or not an order to suspend those advertisements given by the Board was unconstitutional and therefore null and void.

The court, presided over by Mrs. Justice Irismay Brown arrived at these decisions on Wednesday after it had listened to oral submissions from counsel on both sides of the matter.

Mr. Shadrack Arhin, Counsel for GIBA, submitted that nowhere in the law was there any authority mandating the Board to impose any sort of suspension of advertisements in respect of strong liquors.

Counsel explained that the prohibition on advertisements as provided in Section 15 of the Food and Drugs Act (PNDC 305B) and its subsequent amendment (Act 523), was in respect of "a drug, cosmetic, device or chemical substance to the general public as a treatment, preventive or cure for a disease, disorder or an abnormal physical state...."

Mr Arhin submitted that the alcoholic beverages that were advertised by GIBA were neither drugs, cosmetics, device or chemical substances, nor did they claim to cure certain diseases. Counsel argued that nowhere in the law was the Board granted the powers to act the way it did by ordering GIBA to refrain from advertisements on strong liquor. Mr Arhin stated that by acting the way it did, the FDB acted ultra vires or unconstitutionally, when it imposed the "temporary ban" on the advertisement of alcoholic beverages.

In her submissions, an Assistant State Attorney, argued that the FDB was mandated by the Law to act the way it did, as the government regulatory agency responsible for ensuring that all foods, drugs, medical devices, cosmetics and household chemicals, were safe, efficacious and of good quality. After hearing submissions from counsel on both sides, Mrs Justice Brown adjourned proceedings to Wednesday, December 5, during which she will rule on the relief being sought by GIBA.