GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
• In addition to not offending public decency, not promoting immorality and not being obscene, the AAG Code demands that advertisements must conform with the laws of Ghana and must not exploit consumers’ lack or experience or supersti - tious or negative beliefs. Section 110 of the Electronic Transaction Act, 2008 (Act 772) prohibits charlatanic advertisement and pro - vides that Section 137 of the Criminal Offence Act, 1960 (Act 29) in relation to such advertisements in newspapers applies with necessary modifications to any publications in electronic record or website- related publications. 2.2 Regulation of Advertising Claims The FDA requires advertisements relating to food to comply with the CODEX Guidelines on Claims. In relation to drugs, the FDA requires that the claims in advertisements must be justifiable in light of scien - tific evidence. For the GC, all claims in advertisements must be substantiated. The SEC requires advertisements to maintain the highest standards of accuracy and to be in clear lan - guage that is easily understood by the public. 2.3 Substantiation of Advertising Claims For foods, the substantiation required to support advertising claims should be in line with the CODEX Guidelines on Claims. In relation to drugs, the FDA requires that the claims in advertisements must be justifiable in light of scientific evidence. For the GC, all claims in advertisements must be substantiated, although there are no outlined requirements for how substantiation is done. 2.4 Product Demonstrations The AAG Code indicates that an advertising practi - tioner should be prepared to provide a demonstration or sample of the advertised product on demand by the Standards Committee. The GC and FDA Guidelines appear to be silent on product demonstration, but the FDA requires that the promotion of drugs must not include free distribution to the general public, except to healthcare profession - als in accordance with Section 121 of Act 851. It also
requires that records must be kept on the distribution of free samples, to allow traceability. 2.5 Endorsements and Testimonials The AAG Code provides that any advertisement that contains a testimonial and endorsement shall be genuine, and that the models used shall be alive and suitable for the products and ideas they endorse in the advertisement. The written consent of the model used shall be obtained prior to airing the advertise - ment; where the model is a child, the prior consent of the guardian or parent should be obtained. The FDA Guidelines for the advertisement of drugs provide that such advertisement should not contain materials that refer to recommendations by scientists or health professionals or well-known personalities or organisations whose status could encourage the consumption of products to the detriment of health and safety. While endorsements are permitted, they must comply There are currently no special laws in Ghana regulat - ing environmental claims in advertisements or “green - washing”. 2.7 Disclosures The FDA requires that there must be full disclosure in advertising, which it defines as adequate information for the prescriber concerning the accepted indications and appropriate use of the product, including warn - ing precautions, contraindications, adverse reactions, dosage forms and dosage regimens. Therefore, advertising must fully disclose all relevant information about a product, its adverse effects or reactions and any direction on usage or precautions that will enable the consumer to make informed deci - sions about purchasing and using the product. The information provided should be clear and conspicu - ous; it should also be relevant and should be placed in close proximity to relevant claims. with the above requirements. 2.6 Environmental Claims The SEC provides in L.I. 1728 that advertisements must maintain the highest standard of accuracy and
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