The Supreme Court is set to deliver its judgment on the controversial Food and Drugs Authority (FDA) directive banning celebrities from advertising alcoholic beverages. The judgment, expected today, June 19, comes after a seven-member panel chaired by Chief Justice Gertrude Torkornoo deferred judgment for the second time.
In 2015, the FDA introduced guidelines to regulate alcohol consumption, including a directive preventing celebrities from endorsing alcoholic beverages. The Authority argued that such advertisements could encourage minors to consume alcohol due to the influential nature of celebrities.
Mark Darlington Osae, manager of Reggie ‘N’ Bollie and Skrewfaze, filed a writ at the Supreme Court in November 2022, challenging the directive as discriminatory against the creative arts industry. He argued that the directive contravenes articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among others.
The creative industry has rallied against the directive, with artists like Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh calling for its repeal. Stakeholders argue that endorsements and advertisements are a vital income stream for them, and the directive robs them of their livelihood.
The Supreme Court’s judgment is eagerly anticipated, as it will determine the fate of the FDA’s directive and the future of celebrity endorsements in the alcoholic beverage industry.
