President (FOCAP), Kojo Preko Dankwa
The President of the Foundation of Concerned Arts Professionals (FOCAP), Kojo Preko Dankwa, has expressed his organization's intention to seek a review of the Supreme Court ruling that upholds the ban on celebrities endorsing alcoholic beverages, as enforced by the Food and Drugs Administration.
Speaking in an interview on TV3, he said that the body would seek for a review of the 5-2 majority decision when they secure a copy of the judgement.
"For the foundation, we would love to seek a review after going through the ruling. We've not seen it yet. But after, I think we really want to understand where the judges were coming from. Then we could make another move. But I think largely we think we're calling for a review. This is something that we need to go back and deal with,” Dankwa stated.
Kojo Preko Dankwa further described the directive as a "lazy" approach, arguing that the FDA's decision to reference a World Health Organisation report as the basis for its ban is without merit.
He asserted that no WHO report recommends a ban on alcohol advertisements featuring celebrities, contrary to the FDA's claims.
"Which WHO report are they referencing? All the reports I've seen address the global harm of alcohol consumption among adolescents, not the impact of celebrity endorsements on minors," he explained.
He argued that the FDA is completely misinterpreting the situation with its blanket prohibition.
"They're not thinking creatively. Whatever WHO report they're relying on, they're misinterpreting it. The documents we've reviewed don't suggest a ban. Instead, they focus on athletes and propose ways to approach marketing. They don't support the extreme measures the FDA is taking," he concluded.
Background
The FDA's current guidelines, set in 2016, prohibit celebrities and professionals from appearing in alcohol advertisements to protect minors from celebrity influence and prevent underage alcohol addiction.
This policy aligns with the World Health Organization's (WHO) efforts to safeguard youth from alcoholism.
Despite challenges to the FDA's directive, including a lawsuit by citizen Mark Darlington alleging constitutional violations, the Supreme Court upheld the FDA's decision in a 5-2 majority ruling on June 19.
The court found that the FDA's actions were neither unreasonable nor unconstitutional.
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