George Quaye criticizes FDA's alcohol ad ban law following Supreme Court ruling

20th June 2024

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Ghanaian playwright George Quaye has expressed his concerns about the Supreme Court's approval of the Food and Drugs Authority's (FDA) ban on celebrities advertising alcoholic beverages.

He used a hypothetical scenario to demonstrate how this law could impact celebrities and the advertising strategies of alcohol companies.

Quaye raised questions about the consequences for a company that hires an unknown individual for an advertisement, who later becomes famous.

He questioned whether the newfound celebrity status would require replacing the individual with someone less known.

Quaye has called on the FDA and other relevant stakeholders to clarify the objectives of this regulation.

In a post on his Facebook page, he discussed a situation where a distillery wanted to use a popular individual for an advertisement but couldn't due to FDA regulations.

“X distilleries wants to advertise their latest X Ginger Liquer (XGL). They want to use Arnold Asamoah-Baidoo but cuz he’s popular, by FDA regulations upheld by the Supreme Court of Ghana, they cannot not use him. Producer of the ad, Russel Eni calls for an audition and Collins Ofori-Kumah, a body builder from kotobabi gets the role. Russel is one of the best in the business. As expected, the ad becomes an instant hit. Collins is a star! He’s making appearances everywhere.

"X distilleries wants to produce a sequel… to continue the story and leverage the popularity of the star they’ve created to promote their product. Can they still use Collins or should Russel find another “unknown” bloke to turn into a star for the FDA to ban? When and where does it end? Does it mean X Distilleries must stop playing the AD because the “protagonist” is now a STAR? Someone please educate me…” he wrote on his Facebook page.

He made these comments following the Supreme Court's decision to uphold the FDA's guidelines prohibiting celebrities from endorsing alcoholic beverages.

Originally established in 2016, these guidelines prohibited celebrities and professionals from appearing in alcohol ads.

However, Mark Darlington Osae, the manager of Reggie N Bollie, challenged this directive, arguing that it was unconstitutional and discriminatory.

He took the case to the Supreme Court, claiming that the FDA's regulation violated the equality and non-discrimination clauses in the Constitution.

On June 19, 2024, the Supreme Court, led by Chief Justice Gertrude Torkornoo, dismissed the lawsuit and upheld the FDA's guidelines as constitutional.

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