Ghanaian celebrities react to Supreme Court ruling banning alcohol advertising

Many celebrities and popular personalities in Ghana have reacted to the Supreme Court’s decision to uphold the Food and Drugs Authority’s (FDA) ban on celebrities advertising alcohol.

The guidelines, issued by the Food and Drug Administration (FDA) in 2016, prohibit the advertising of alcoholic products.

“Celebrities and experts are not used in advertising for alcoholic beverages.”

According to the FDA, this is to prevent minors and young people from “becoming addicted to alcohol as a result of celebrities.”

The guidelines also state that “sponsoring alcoholic beverage companies may not sell, offer as prizes, distribute samples, or distribute promotional materials to participants in programs targeted to persons under the age of 18.”

It also states that if an alcoholic beverage company sponsors any program, celebrity, activity or festival, it must submit advertising and promotional materials to the FDA for approval.

In November 2022, the manager of music duo Reggie 'N' Bollie and Screwfaze is set to take the case to the Supreme Court.

Plaintiff Mark Darlington said the FDA's restrictions on celebrities endorsing alcoholic beverages “discriminate against the creative arts industry.”

The warrant at the time stated that the FDA was violating the Constitution, which states that no one may be discriminated against on the basis of race, color, political creed, economic or social status, or religion.

Rep. Mark Darlington asked the court to overturn the FDA's ban on celebrities advertising alcohol.

However, the court ruled in favor of the FDA's regulations, ordering a ban on celebrities advertising alcohol.

He claims that celebrities and popular actors do not endorse or promote the alcoholic beverage.

Supreme Court Justice Gertrude Turcounou, who wrote the ruling, said the FDA order did not violate the Constitution.

I would also say that the FDA law has nothing to do with discriminating against celebrities, it is simply a law to clean up the industry.

The court explained that the FDA did not regulate the substance excessively or unreasonably.

The ruling brought to an end a 19-month trial in the case.

But despite the ruling, the men who sued in the case have been told by the court to consider whether they can appeal the sentence.

One of the candidates for the court, Nii Ofori-Yarty, said some areas of the regulation require clarification.

“We are going to the FDA to find out how we should better understand this issue, because we are saying that if Sarkozy or another artist were to set up an alcohol company, they would not be qualified to do that or anything.”

Nii also said, “We need a clear picture in this matter because we need to know our limits and how far we can go. These companies are still sponsors of events and ODA programs so we need to know how far is too far.”

Ghanaian actor and media personality, George Quaye, who is outraged by the case, also reacted to the sentence.

George wonders why media pipo can read live presenter mentions (LPMS) about this alcoholic product on TV and radio but cannot advertise it.

“Even when on air, some TV and radio will base their LPM on the personality reading the ad because of their brand equity and brand voice – their brand endorsement.”

George also said, “This is a loss for the FDA for celebrities and popular people and for reasonable people, so the FDA needs to talk to them and find common ground, but it doesn't make sense to ban them outright.”

Part of FDA law says alcoholic beverage companies can't put up signs near schools or public places, but George said that doesn't make sense either.

“If you're driving your child to school, do you know how many alcoholic beverage signs there are around town? There are no signs near the school that could negatively affect your child.”

For Afropop/R&B artiste Kamido, the court decision makes no sense.

“We can understand the court ordering a man to be banned from drinking alcohol, but it doesn't make sense to ban celebrities who are doing a paid job doing endorsements.”

What good would it do to ban celebrities, as kids will continue to consume all kinds of content on social media? Companies are advertising on social media anyway.”

For the Food and Drug Administration, the court's decision is good news.

FDA Legal Director Joseph Barney said the restrictions are in the interest of public health and safety.

“While the FDA has nothing against celebrities or public figures, we understand the influence they have on young people. Young people copy the behavior of celebrities. We also understand what alcohol does to the human body.”

The FDA explains that the aim is to “protect young people from the destructive effects of alcoholism on their ability to live independently.”

“We feel it is appropriate to partner with this celebrity to speak out against alcoholism, but we should not endorse drinking alcohol.”

It is also important to clarify that the FDA is not banning general advertising of alcohol, but rather advertising of celebrities and popular artists.

“We don't ban companies from advertising alcohol – they have the right to do so – but we do ban celebrities and popular people because they have influence over the public.”

Musician Wendy Shay is among the artists who say the law doesn't make sense.

In a 2020 tweet, Wendy Shay wrote, “I have never lost a deal worth thousands of dollars to a foreign liquor company. I have never heard of a celebrity being unfit to advertise Ghanaian liquor. Seriously? Chop up a little pecin and put it in our mouths.”

The “Uber Driver” hit singer said the law was “discriminatory.”

Dancehall artiste Shatta Wale was also upset by the decision in 2020, taking to social media to condemn the FDA's decision for encouraging Ghanaian alcoholic beverage companies to use Nigerian celebrities to promote their products.

The following photos of Ini Edo, Jim Iyke, Victor AD and Odas who have been announced as brand ambassadors for Ghanaian alcoholic beverage, Adonko, for Nigeria have been released online.

“Ghanaian musicians only think about awards and not about business. We don't think like idiots. No wonder the FDA sees us as having a huge influence on minors. Poor industry, poor mentality,” Shatta Wale said.

Rapper, Tic Tac 2020 also criticised the FDA after seeing photos of the agency announcing several Nigerian stars as promoters and influencers for alcohol brands.

“They say Nigerian celebrities are not fit to advertise Nigerian alcohol brands, so they give all the money to Nigerian celebrities to make their job easier.”

Tick ​​added: “Is the Ghana FDA saying they know what to do with this law? When will our pipos learn?”

Musicians including Edem, Kamido and Kuami Eugene opposed the FDA decision when they went to court.

Nearly two years later, the Supreme Court finally ruled.