Adhere to advertising guidelines to protect public safety - FDA to advertisers

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 advertisement on billboards, radio, TV, social media or digital platforms influenced choices.

Dr Darko was speaking at a stakeholder meeting organised by the FDA to review and finalise a draft document on consolidated guidelines on advertisement regulations.

The document consists of various aspects of guidelines already in operation that had been put together into a complete document as a result of the FDA’s engagement with stakeholders some months ago.

The objective of the consolidated guideline was to streamline FDA’s operations, support local businesses and also ensure that health and safety standards were met.

It is also aimed at regulating the advertisement of alcoholic beverages to reduce exposure of minors to the products, and also ensure the responsible use of alcoholic beverages, sweet beverages and energy drinks.

The meeting, which was 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 have two-year approvals to reduce back-and-forth communications.

Also, clear guidance on regulating content creation and upload on social media has been established.

Additionally, industries can now present their promotional campaign documents for the year in a consolidated form for approval.

She said 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 said that the guidelines were not designed to stifle creativity, but to ensure that creativity thrived in a space where the public was informed, protected and respected.

Dr Darko added that the guideline must promote truthfulness, saying, 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 their brand prioritises their well-being, they respond with loyalty and confidence,” she said.

Approval

The Head of Communications at FDA, Rhoda Ewurabena Appiah, urged businesses, including small businesses, to ensure that their products were 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, drug, cosmetic 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 particular schemes arranged for you,” she added.

Sanctions

The Head of Legal Department of the FDA, William Agbavitor, said the punitive sanctions in the Public Health Act, 2012 (Act 851), such as sections 77, 110, 129 and 142, would be applied, with offenders facing a minimum custodial sentences of 15 years and a maximum of 25 years.

He said administrative charges as per the fees or charges (miscellaneous provisions) Regulations 2023 (L.I. 2481) would also be imposed for non-compliance.