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The Financial and Economic Crimes Division of the High Court of Accra acquitted and removed from office the Director General and the Communications Officer of the Food and Drug Administration (FDA) charges of contempt of court filed by the Cosmetics Association of Ghana (CAG).
Delese Mimi Darko and James Lartey were named in a contempt motion filed by the Association against the Authority.
The Association had asked the Tribunal to condemn the FDA and its offices in defiance of its January 2019 publication on cosmetics containing mercury, steroids and hydroquinone.
The FDA had stated that these chemicals are scientifically involved to be debilitating and detrimental to public health.
But the Court presided over by judge Afia Serwaa Asare-Brobbey Monday, explained that the FDA had acted correctly in informing the general public of a damaging product.
The court found that it was the duty of the Authority to raise public awareness of damaging products such as rotted sardines.
In maintaining the argument of counsel for the respondent, Cynthia Dapaah Ntow, the court said the contempt would not be committed against a public body performance of his statutory duty.
The pending application for an injunction against an organ created by law, must not constitute a constraint the legal obligation of the FDA, said the court.
The court was surprised that the Ghana Cosmetics Association had failed to file an injunction application more than 15 months after filing.
According to the court, the FDA should not be precluded from fulfilling its legal obligation and its hands should not be attached by a request for an injunction.
The court sentenced 2,000 ¢ to the GCC and the Food and Drugs Authority.
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