Alcohol Ad Ban: Supreme Court dismisses suit against FDA

The Supreme Court has upheld the Food and Drugs Authority's (FDA) guidelines that prevent celebrities from advertising and endorsing alcoholic beverages.

Initially set in 2016, these guidelines state that no celebrity or professional should feature in alcohol advertisements.

However, Mark Darlington Osae, manager of the musical duo Reggie N Bollie, challenged this directive, claiming it was ‘unconstitutional’ and ‘discriminatory’.

Osae's attorney, Bobby Banso, argued that the ban unfairly targets the creative arts sector.

He sought the Supreme Court's intervention to overturn the FDA's regulation, citing it as a violation of equality and non-discrimination clauses in the Constitution.

However, as reported by citinewsroom.com, in a ruling delivered today June 19, 2024, the Supreme Court, led by Chief Justice Gertrude Torkonoo, dismissed the suit and ruled in a 5-2 majority that the FDA's guidelines are constitutional.

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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