CELEBRITIES CANNOT ADVERTISE ALCOHOLIC DRINKS – SUPREME COURT UPHOLDS FDA BAN
June, 2024
The Supreme Court has in a 5 – 2 majority decision, dismissed the suit by Mark Darlington Osae challenging the constitutionality of the Food and Drugs Authority (FDA) guideline banning celebrities from advertising alcoholic beverages.
Background
The FDA in 2016 published Guidelines For The Advertisement of Foods which in 3.2.10 banned well- known personalities or professionals from being used in alcoholic beverage advertising.
In 2022, Mark Darlington Osae filed a suit against the FDA seeking among others a declaration that the guideline banning celebrities from alcoholic advertisements was discriminatory and unconstitutional.
Supreme Court Decision
Delivering a summary of the Court’s decision on 19th June 2024, the Chief Justice dismissed the suit in its entirety – upholding the FDA’s ban which prohibits celebrities from advertising alcoholic drinks. The complete ruling is scheduled for public release on Friday, June 21.
Implications & Conclusion
While the FDA ban was introduced as part of broader efforts to regulate alcohol consumption in Ghana and to protect minors from the influence of celebrity endorsements, it may disrupt revenue streams of both alcoholic brands who invest heavily in marketing and celebrities who earn income from advertising same. Without celebrity endorsements, alcohol brands may explore alternative channels for advertisements. We look forward to the release of the full ruling of the Supreme Court.
