In a landmark ruling today, the Supreme Court of Ghana has upheld a controversial directive by the Food and Drugs Authority (FDA) that prohibits celebrities from endorsing alcoholic beverages. The decision, delivered by Chief Justice Gertrude Torkornoo, marks the end of a nearly two-year legal battle between the FDA and Black Kulcha Music CEO Mark Darlington Osae.
The 5-2 ruling in favor of the FDA means that well-known personalities and professionals are now permanently barred from appearing in advertisements that promote alcoholic drinks. The decision has far-reaching implications for the marketing of alcoholic beverages in Ghana, as celebrities have long been a popular choice for alcohol brands seeking to attract a wider audience.
The case began in 2022 when the FDA issued a directive banning celebrity endorsements of alcoholic beverages, citing concerns about the potential impact on public health and the influence of celebrities on young people. Mark Darlington Osae, CEO of Black Kulcha Music, challenged the directive in court, arguing that it violated the constitutional rights of celebrities to freedom of expression.
However, the Supreme Court disagreed, ruling that the FDA directive does not contravene the constitution. In her abridged ruling, Chief Justice Torkornoo stated that the FDA has the authority to regulate the marketing of alcoholic beverages in the interest of public health and that the directive is a reasonable and proportionate measure to achieve this goal.
The ruling has been met with mixed reactions from the public and the entertainment industry. While some applaud the decision as a step towards protecting public health, others argue that it unfairly limits the freedom of celebrities to engage in commercial activities.
The ban on celebrity alcohol endorsements is expected to have a significant impact on the marketing strategies of alcoholic beverage companies in Ghana. With celebrities no longer available as brand ambassadors, companies will need to find alternative ways to promote their products and appeal to consumers.
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