/

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

Twenty one photography for 233legal

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

By Legal Desk

Recent Posts

Ghana’s Brics Bid and the Price of Strategic Autonomy

As Washington takes a more disruptive, transactional, and uncharacteristically unconventional approach to global cooperation, and…

22 hours ago

Monday Essay: When the Shell Remains: The Vanishing Trial Record and the Struggle to Reconcile Fair Trial Rights and Judicial Integrity

During moments when staff of the judicial service embark on strike action to demand their…

2 days ago

Read the Full Ruling in the Case of The Republic v The High Court, Tema

On Tuesday, 24th March, 2026, the Supreme delivered its ruling in the case of The…

6 days ago

Case of the Week: Obaapanin Abena Manu & Forty-three others v. Opanin Kwaku Mensah & Four Others

The dispute concerned House No. ME 32, Block 12, Manhyia Extension, Kumasi. The house had…

1 week ago

Monday Essay: Beyond Legalism: The Influence of Judicial Ideology, Personal Values and Other Factors on Judicial Decisions

There is no doubt that judicial ideology constitutes a fundamental aspect that shapes legal interpretations…

1 week ago

Writ of Summons: Zakaria Abdulai v Manasseh Azure Awuni & Multimedia Group

On Friday, 16th October, 2026, Zakaria Abdulai instituted a defamation action against investigative journalist Manasseh…

2 weeks ago