The Chief Executive Officer (CEO) of the FDA, Dr. Delese A. A. Darko, has called for clear, ethical, and enforceable advertising guidelines to protect public health and safety.
She said this had become necessary because the power of advertisements on billboards, radio, TV, social media, and digital platforms influenced consumer choices.
Dr. Darko was speaking at a stakeholder meeting organised by the FDA to review and finalise a draft document on consolidated guidelines for advertisement regulations.
The document consists of various aspects of guidelines already in operation, which have been compiled into a single document as a result of the FDA’s engagement with stakeholders some months ago.
The objective of the consolidated guideline is to streamline the FDA’s operations, support local businesses, and ensure that health and safety standards are met.
It is also aimed at regulating the advertisement of alcoholic beverages to reduce minors’ exposure to such products, and to promote the responsible use of alcoholic beverages, sweetened beverages, and energy drinks.
The meeting, held in Accra last Wednesday, was attended by stakeholders in the food, drug, cosmetic, and household chemical industries.
Consolidated Guidelines
Under the consolidated guidelines, the industry will now benefit from two-year approvals to reduce back-and-forth communications.
Clear guidance has also been established for regulating content creation and uploads on social media.
Additionally, industries can now present their promotional campaign documents for the year in a consolidated form for approval.
Dr. Darko stated that there were consolidated guideline requirements for many product categories, including foods, drugs, cosmetics, medical devices, alcoholic beverages, energy drinks, sweetened beverages, and herbal products, among others.
She emphasized that the guidelines were not designed to stifle creativity but to ensure that it thrived in an environment where the public was informed, protected, and respected.
Dr. Darko added that the guidelines must promote truthfulness, stating that adverts must be honest and not mislead the public with exaggerated claims or unclear messages.
“Strong advertising guidelines are not about control but about building trust.
When consumers believe that a brand prioritises their well-being, they respond with loyalty and confidence,” she said.
Approval
The Head of Communications at the FDA, Rhoda Ewurabena Appiah, urged businesses, including small enterprises, to ensure that their products are approved by the FDA before advertising or marketing them to avoid sanctions.
“FDA is enforcing its regulations. If you are in the business of food, drugs, cosmetics, or household chemicals, make sure your product is properly approved by the FDA.
Come in — we will bring you into compliance. If you are a small business, do not hesitate. There are specific schemes arranged for you,” she added.
Sanctions
The Head of the Legal Department at the FDA, William Agbavitor, said the punitive sanctions under the Public Health Act, 2012 (Act 851), including sections 77, 110, 129, and 142, would be applied, with offenders facing minimum custodial sentences of 15 years and a maximum of 25 years.
He added that administrative charges, as per the Fees and Charges (Miscellaneous Provisions) Regulations, 2023 (L.I. 2481), would also be imposed for non-compliance.
Source: Graphic Online