On Wednesday, June 19, 2024, the Supreme Court dismissed a lawsuit filed by Mark Darlington Osae against the Food and Drug Administration’s (FDA) directive that prohibits celebrities from endorsing alcoholic drinks.
In his lawsuit, Osae requested the Supreme Court declare the FDA’s directive illegal, arguing it violated the right to be free from discrimination protected by Article 17 of the 1992 Constitution.
However, the court ruled that the ban on celebrities and professionals appearing in alcohol advertisements aims to protect adolescents from the influence of celebrity endorsements, which could lead to alcohol addiction.
Delivering an abridged version of the ruling at the Supreme Court, Chief Justice Gertrude Torkornoo stated that the FDA directive does not contravene the constitution.
The Supreme Court ruled 5-2 in favour of the FDA, affirming the directive and concluding the nineteen-month legal battle initiated by Osae, CEO of Black Kulcha Music.
BACKGROUND
On November 11, 2022, Mark Darlington Osae, CEO of Black Kulcha Music, sued the FDA. He argued that the FDA’s 2015 regulations against celebrity endorsements of alcoholic beverages discriminated against the creative arts industry and violated the right to be free from discrimination under Article 17 of the 1992 Constitution.
