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MAX ENTERTAINMENT: Sarkodie fights FDA in court  

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Renowned rapper Michael Owusu Addo, known in showbiz circles as Sarkodie, is challenging the Food and Drug Administration (FDA) over their guidelines that prohibit celebrities and famous personalities from being used in advertising alcoholic products.

The case was filed in the Supreme Court by Mark Darlington Osae, manager of hip-hop artists Reggie ‘N’ Bollie and Skrewfaze.

According to the plaintiff’s case, the guidelines issued by the FDA were unconstitutional and violated the right against discrimination as guaranteed by Article 17 of the 1992 Constitution.

Article 17(1) of the Constitution stipulates that all persons shall be equal before the law, while Article 17(2) states that “a person shall not be discriminated against on grounds of gender, race, color, ethnic origin, religion, creed, or social or economic status.”

A seven-member panel of the apex court was expected to hear the constitutional matter today when Sarkodie barged in to challenge the FDA, but the case was adjourned to January 17.

Sarkodie was in court with a lawyer for the plaintiff, Bobby Banson.

Guidelines 3.2.10 for the Advertisement of Foods, which were published by the FDA on February 1, 2016, state that “no well-known personality or professional shall be used in alcoholic beverage advertising”.

The FDA contended that the guideline was necessary to stop minors from being hooked on alcohol due to the influence of celebrities.

However, in November last year, Mr. Osae, who is also the Chairman and Co-Founder of Ghana Music Alliance, dragged the FDA and the Attorney General to the apex court to seek a declaration on the true and proper interpretation of Article 17(1) and (2) and Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, which provides that no well-known personality or professional shall be used in alcoholic beverage advertising.”

To Mr. Osae, Guideline 33.2.10 is discriminatory, inconsistent with and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution, and thus unconstitutional.

He is also seeking “an order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution and as such a nullity.”

Source: Ghana/MaxTV/MaxFM/max.com.gh/Joyceline Natally Cudjoe

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