FDA dragged to Supreme Court over ‘no celebrities in alcoholic beverage ads’ directive

The Food and Drugs Authority (FDA) has barely two weeks to file its defense in a suit brought against it regarding portions of its guidelines.

The FDA’s directives discourage the use of celebrities in the promotion of alcoholic beverages via any medium.

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

But this, according to the plaintiff, does not augur well for the entertainment industry and robs them of potential streams of income.

In the writ issued on November 11, the plaintiff, Mark Darlington Osae said those areas of the FDA’s 2015 regulations are tantamount to discrimination on grounds of economic status, and occupation among others.

The artiste manager and music publisher is therefore praying the Supreme Court to render as unconstitutional the guidelines which stipulate that, “No well-known personality or professional shall be used in alcoholic beverage advertising.”

The plaintiff says it is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

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

This is not the first time this law has caused a stir in the entertainment industry.

Many celebrities and public figures have had cause to vent over the situation since its introduction in 2015.

In January 2020, musician Wendy Shay complained that the policy has made her lose valuable deals.

Also in April this year, “Sugarcane” hitmaker, Camidoh also campaigned for his colleagues in the industry to unite against the law.

However, no legal step has been taken for redress prior to this latest development.