Alcohol Ad Ban: Suit has opened the doors for more legal challenges - Plaintiff

The plaintiff in the case against the Food and Drugs Authority [FDA), which sought to annul the ban on the promotion of alcoholic beverages by celebrities, Mark Darlington Osae, has expressed his disappointment with the verdict issued by the Supreme Court on June 19, 2024.

He however said that the case showed creative arts stakeholders that it was possible to challenge decisions that affect the sector.

The Supreme Court upheld the FDA’s directive after a 19-month legal challenge led by Mark Darlington Osae, who is also a music executive and manager of the musical duo Reggie N Bollie.

Chief Justice Gertrude Torkornoo delivered a summary of the ruling, stating that the FDA's directive is constitutional, effectively maintaining a perpetual ban on well-known personalities from participating in alcohol advertisements.

In a conversation with Joy FM after the verdict, Mark Darlington Osae stated that the creative arts community was let down by the 5-2 decision.

He, however, stated that the case has sparked important discussions about rights within the creative sector and the need to examine laws that impact it.

“In terms of the ruling, one of the things that I sought to achieve was to ignite that conversation and also show people in the creative arts that it is possible to stand up sometimes for your right within the space.

“Because, when rules and laws are done and affect us we need to be interested and we need to test the laws against some of these decisions so that in future when some of these directives and laws are being formulated, they would have to scrutinise it thoroughly to make sure that the right things are done,” he said.

Osae added that he views the outcome as a win, as it would open doors for future legal interpretations.

He urged others in the creative arts to challenge laws that may hinder their progress.

“For me, it is a win because now it has opened the doors for people to start looking at some of these decisions that affect us in the creative space and hopefully we should be getting such test cases going to court for interpretation and clarity. We should not sit on the fence and talk online about these issues,” he added.

About the suit

The FDA directive, which states “no well-known personality or professional shall be used in alcoholic beverage advertising” was challenged in 2023.

The legal challenge sought to annul the FDA's guideline on the grounds that it contravened Articles 17(1) and 17(2) of the 1992 Constitution, which ensure equality before the law and prohibit discrimination based on social or economic status or occupation.

Despite the ruling, prominent figures in the creative industry, such as Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have expressed their disapproval of the FDA's directive.

They contend that the prohibition on celebrity endorsements of alcoholic products significantly impacts their earnings and livelihoods.

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