FDA sued over ‘no celebrities in alcoholic beverage ads’ directive

In its Guidelines for the Advertisement of Foods, FDA states that “No well-known personality or professional shall be used in alcoholic beverage advertising.”

This policy according to government forms part of efforts to ensure that minors are protected from being lured into alcoholism.

However, on November 11, 2022, Mark Darlington Osae, issued a writ of summons, claiming the FDA’s 2015 guidelines are biased against the creative arts industry and that it deprives them of another source of income.

“No well-known personality or professional shall be used in alcoholic beverage advertising, is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

“Articles 17(1) and 17 (2) of the 1992 Constitution guarantee quality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable,” the FDA guidelines read.

The Attorney General was also mentioned as a party to the legal action.

Prior to this suit, a lot of stakeholders in the creative industry including, Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had spoken against the law and had called on powers that be to repeal it.

See the writ of summons below: