Court dismissed case of contempt of two FDA officials

General News of Saturday, April 13, 2019

Source: Graphic.com.gh

2019-04-13

The High Court of Accra dismissed the contempt case filed by the Ghana Cosmetics Association (GAC) against the General Director of the Food and Drugs Authority (FDA), Ms. Delese Mimi Darko, and FDA Communications Officer James Lartey.

The court, presided over by Judge Afia Serwah Asare-Botwe, also sentenced the CAG to compensation of 2,000 GH ¢.

The ACG had urged the court to bind the FDA and the two named officials in defiance of a publication issued January 19, 2019 in which it enjoined the public not to use cosmetic products containing # 39; hydroquinone.

According to the GAC, the FDA published this publication when the court had not yet ruled on an interlocutory injunction filed to prevent the FDA from banning the ban on skincare products containing hydroquinone until 'to the final decision prohibit.

The court found, however, that the FDA had not acted scornfully at the time of publication, as such an act was the legal obligation of the authority.

"I take it for granted that the publications complained of were made within the framework of the mandate entrusted to the Food and Drugs Authority by Law 851," said Judge Asare-Botwe.

Prohibit

The FDA has begun to ban the import and sale of skincare products containing hydroquinone from August 2016.

According to the authorities, the ban was in accordance with a directive of the Ghana Standards Authority (GSA).

Suit

Unsatisfied with the directive, the GAC sued the FDA and the GSA on December 20, 2017 following the ban on all skin care products containing hydroquinone.

The badociation, in short, argued that its members had for years imported skincare products containing hydroquinone through the ports.

He added that all imports had been made with the approval of both institutions after payment of appropriate fees and charges.

The lawsuit proved that its members had imported, marketed and sold health and beauty products containing the banned chemical without any objection during all these years and could not understand the reason for the ban.

"There is scientific and medical evidence that 2% hydroquinone in creams and lotions does not have any harmful effects on the human body," he said.

"The total ban of the product has no factual, medical or scientific basis and is therefore illegal, unreasonable, unjust and unconstitutional," he added.