The Supreme Court has upheld a directive from the FDA prohibiting celebrities from endorsing alcoholic beverages, ending a nineteen-month legal battle initiated by Mark Darlington Osae, CEO of Black Kulcha Music.
The ruling permanently bars well-known personalities from appearing in ads promoting alcohol. Chief Justice Gertrude Torkornoo delivered a summarized version of the ruling, affirming that the FDA directive does not violate the constitution. The court voted 5-2 in favor of the FDA, supporting the directive against celebrity endorsements of alcoholic drinks.
Background: In 2015, the FDA introduced guidelines to regulate alcohol use in Ghana, including a ban on celebrities endorsing alcoholic beverages. The FDA cited concerns that such endorsements by influential figures could encourage underage drinking.
Mark Darlington Osae, CEO of Black Kulcha Music and a prominent figure in Ghana’s music industry, challenged this directive in court on November 11, 2022. Osae argued that the FDA’s regulations discriminated against the creative arts industry and violated constitutional guarantees of equality before the law.
Osae, who manages artists like Reggie ‘N’ Bollie and Skrewfaze, also chairs the Ghana Music Alliance, advocating for reforms in the creative sector.
Before the court action, industry figures such as Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh had voiced opposition to the FDA directive, arguing that endorsements of alcoholic drinks were crucial income sources for artists.
The stakeholders in Ghana’s culture and creative industries argued that restricting such endorsements deprives them of vital livelihood opportunities.
The Supreme Court’s decision settles a contentious issue that has divided opinions within Ghana’s entertainment and regulatory spheres.
