Supreme Court to rule on FDA’s prohibition on celebrity alcohol advertisements April 10

Mark Darlington Osae’s lawsuit against the ban on celebrities appearing in alcohol-related commercials has been scheduled for a Supreme Court ruling on April 10, 2024.

The date was set by a seven-member panel of the Supreme Court on Wednesday, January 17, following hearings from all parties involved. The group was presided over by Chief Justice Gertrude Torkornoo.

The FDA, through Justine Amenuvor and a Senior State Attorney from the Attorney General’s Office, relied on their summary of cases and processes filed, with the exception of Bobby Banson, Counsel for the Applicant, who indicated to the panel that there was one more authority to add.

As a result, the panel scheduled the judgement for April 10, 2024.

Murtala Inusah, the Legal Affairs Correspondent for EIB Network, who was present at the Supreme Court, writes that, in contrast to the previous session on November 15, 2023, a few celebrities were present.

Sammy Awuku, the Director General of the National Lottery Authority, who is representing the applicant’s legal team was also present in court.

Read also: Sarkodie, Wendy Shay, others show up for Mark Darlington vs FDA Supreme Court hearing

Background:

In a writ of summons issued on November 11, 2022, Mark Darlington Osae had claimed that the FDA’s 2015 rules are biased against the creative arts business and rob them of another source of income.

According to the FDA guidelines from February, 2016, “No well-known personality or professional shall be used in alcoholic beverage advertising.”

The plaintiff sought some reliefs in the suit, including;

“A declaration that on a true and proper interpretation of Article 17(1) and (2) which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is discriminatory, inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution, and thus unconstitutional.

The Attorney General was also named as a defendant in the lawsuit.

Lawyers of both sides filed their respective pleadings and the hearing was adjourned to today, January 17, 2024.