Justice Barbara Ackah-Yensu, a member of Ghana's Supreme Court, has indicated that the Food and Drugs Authority (FDA) guideline banning celebrities from advertising alcoholic beverages is unconstitutional. The directive, which prohibited the use of well-known personalities in such advertisements, was regarded as discriminatory by Justice Ackah-Yensu, who argued that it unfairly infringed upon individuals' economic rights and interests.

In her dissenting opinion, joined by Justice Prof. Henrietta Mensa-Bonsu, she criticized Guideline 3.2.10 of the FDA's 2016 regulations as inconsistent with the Constitution. She stated that the guideline be struck down and barred the FDA from enforcing it, stressing that the FDA should find a constitutional way to achieve its public health goals without discrimination.

“No well-known personality or professional shall be used in alcoholic beverage advertising,” is “unconstitutional," she stated.

Justice Ackah-Yensu also suggested that existing laws like the Liquor License Act already address concerns about responsible alcohol consumption, and that if more restrictions are needed, they should be enacted through Parliament.

In contrast, the majority of the Supreme Court judges, led by Chief Justice Gertrude Sackey Torkornoo, upheld the FDA's directive, concluding that it was within the FDA's authority under the Public Health Act, 2012, to regulate such advertising to safeguard public health. The majority found the guideline reasonable and not in violation of the Constitution. The case was dismissed, supporting the FDA's stance on the issue.

The directive, initially introduced in 2015 to protect minors and public health, faced legal challenge from Mark Darlington Osae, an artiste manager, who argued it was discriminatory against the creative industry.