Alcoholic manufacturer apologizes for using Afronitaaa, minors in social media post

The company that produces Bel Ice, an alcoholic drink, has issued a statement of apology for using a minor in a social media post that featured its product.

The statement by BlowChem, released on January 22, 2024, was in response to a petition filed by a concerned citizen to the Food and Drugs Authority (FDA) against the company.

The petition, filed by lawyer Nana Kofi Bekoe on behalf of Samuel Bempong, accused the company of violating the FDA's directive that bans the use of celebrities and minors in advertising alcoholic beverages.

The petitioner said that the petitioner saw the video on Instagram and TikTok, where a popular social media influencer known as Afronitaa was seen promoting and marketing Bel Ice, along with a minor identified as TV3’s Talented Kids winner, Abigail.

The company said that the video was a user-generated content post that was aimed at creating content marketing for its non-alcoholic range of products, not the alcoholic drink that appeared inadvertently.

The company said that it regrets the incident and that it was a result of a lapse in its approval process.

The company added that it has removed the video and is conducting a thorough review of its marketing protocols to prevent such incidents from happening in the future.

“Unfortunately, in this instance, there was a lapse in our approval process that led to the inappropriate use of a minor in the indirect promotion of our alcoholic beverage, which was not the aim of the post. We want to make it clear that the inclusion of a minor in this video goes against our strict policies, and we have taken immediate action to rectify the situation.

“The social media post has been removed, and we are conducting a thorough review of our marketing protocols to prevent such incidents from occurring in the future. We understand the importance of responsible advertising, especially when it comes to products that have age restrictions,” the statement read.

The company also clarified that none of the products were ingested in the video and that the minor, Abigail, was not part of the influencer marketing campaign that it contracted with DWP Dance Academy for its consumer brands, Bel Aqua and Bel Beverages.

The company apologized to the general public for any sensitivities that may have been caused by the video and asked for further inquiries or information to be directed to its head of corporate affairs.

Meanwhile, the Supreme Court has set April 10, 2024 as the date to deliver its verdict on the case challenging the Food Drugs Authority (FDA)'s ban on celebrities from advertising alcohol.

The case was filed by Mark Darlington Osae, a music publisher and manager of Hiplife artists Reggie 'N' Bollie and Skrewfaze.

Osae, who is also the Chairman and Co-Founder of Ghana Music Alliance, a group that advocates for structural changes in the music industry, sued the FDA and the Attorney General in 2022 to challenge the ban.

He wants the Supreme Court to declare the ban as unconstitutional and unenforceable.

The court decided after hearing from the lawyers of the FDA, the plaintiff and the Attorney General's office, who all based their arguments on their written submissions.

The case was adjourned by the Chief Justice, Justice Gertrude Esaaba Sackey Torkornoo, who presided over the court.

The FDA issued the ban in 2015, saying that it was aimed at protecting minors from being influenced by celebrities to drink alcohol.

The ban was met with opposition from some members of the creative industry, who claimed that it violated their constitutional right to equality and non-discrimination based on their status, occupation, religion and other grounds.

They cited Articles 17 (1) and 17 (2) of the 1992 Constitution to support their case.

Read the full statement here

ID/AE

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