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CSOs applaud apex court for dismissing anti-FDA suit on celebrity alcohol endorsements

Source The Ghana Report

Civil Society Organisations(CSOs) have applauded the Supreme Court for throwing out a legal case which sought to challenge the guidelines by the Food and Drugs Authority (FDA) that prohibit celebrities from advertising alcoholic beverages in Ghana.

According to the Vision for Alternative Development, Ghana(VALD-Gh) and Ghana NCD Alliance, the outcome of the ruling is a victory for public health advocates since the verdict will reduce the appeal of alcohol to vulnerable populations, particularly young people.

On June 19, 2024, a seven-member panel of the apex court, led by Justice Gertrude Torkonoo, held that the FDA guideline is not unreasonable and does not contradict Article 17 (1) of the 1992 Constitution.

“This suit fails in its entirety and is dismissed,” Justice Torkonoo stated.

The case was filed by Mark Darlington Osae, Manager of Hiplife artists Reggie ‘N’ Bollie and Skrewfaze.

The CSOs, in a statement signed by the Executive Director of Programs, Vision for Alternative Development, Ghana, Labram Musah, dated June 19, said, “This outcome underscores the importance of regulatory actions that protect public health by limiting the power of marketing strategies that can lead to harmful behaviours”.

“The Civil Society Actors in the health and development sectors thank the imminent panel of Judges who stood for public health interest over the commercial interest of few individuals. We are grateful for supporting the interest of Ghanaian children, the youth, poor and vulnerable from the harm of alcohol use and exposure to alcohol products.

“In the pursuit of safeguarding the health and well-being of our nation’s children and youth, today marks a pivotal moment as we celebrate the verdict by the apex court in the case challenging the authority of the Food and Drugs Authority (FDA) over celebrity endorsements of alcohol advertisement. We stand at the forefront of a critical battle, one that juxtaposes predatory commercial exploitation against the fundamental rights of our children.

“The evidence presented throughout this trial has illuminated the dire consequences of unchecked alcohol marketing, particularly when facilitated by high-profile figures or celebrities. From the corridors of UNICEF to the pages of The Lancet, the global consensus is clear: the proliferation of alcohol promotion, especially among impressionable young minds, poses an imminent threat to public health and societal well-being.

“Every decision to drink alcohol will be influenced, at least partly, by some form of marketing. The influx of high-profile mass media advertising and digital marketing of alcohol triggers purchases that consumers did not set out intending to make. But when it comes to young people and children, evidence is overwhelming that alcohol marketing is linked with starting to drink and excessive drinking,” the statement added.

The CSOs further argued that “The alcohol industry documents show how their campaigns are carefully curated to tie alcohol to a sense of belonging, coolness, attractiveness, masculinity and femininity. The alcohol industry says their marketing does not deliberately target young people but the truth is children are their target audience because of how easy it is to sway them with glamorizing and attractive items by tactically involving celebrities who they look up to, so they intend to capitalize on that opportunity to maximize profit at the expense of public health”.

 

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