Read the full text of Mark Darlington Osae v The Food and Drugs Authority and Attorney-General

On 19th June 2024 the Supreme Court by a 5-2 majority decision dismissed a suit filed by Mark Darlington Osae against the Food and Drugs Authority’s (FDA) challenging the latter’s directives that banned celebrities from advertisements of alcholic beverages. 

The decision, delivered by Justice Asiedu reasoned that the said directive was “not excessive and unreasonable.”

The facts:

The Food and Drugs Authority, (FDA) issued a directive that placed a ban on celebrities from advertising alcoholic beverages.

The FDA’s directives rooted in public policy were aimed at protecting minors from being influenced by celebrities into patronising alcholic beverages.

Guideline 3.2.10 of “Guidelines for the Advertisement of Foods” -published by the FDA on February 1, 2016- states inter alia that “No well-known personality or professional shall be used in alcoholic beverage advertising”.

Mark Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze dissatisfied with the directive issued a writ at the Supreme Court on November 11, 2022, saying the FDA’s 2015 regulations were discriminatory against the creative arts industry.

Mark Darlington Osae, prayed the Supreme Court to take down that regulation, praying that the directive that “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.

He also contended that Articles 17(1) and 17 (2) of the 1992 Constitution guarantees equality 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 panel of seven Justices of the Supreme Court presided over by Chief Justice Gertrude Sackey Torkornoo essentially ruled that the directive does not contravene provisions in the Constitution.

Read the full judgement here