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The latest news and information on the Beauty West Africa 2018

May 23rd 2018

Ban on cosmetics: Court dismisses FDA’s application

An Accra High Court has dismissed an application filed by the Food and Drugs Authority (FDA), seeking the court to strike out a suit filed by the Cosmetics Association of Ghana over the ban of some bleaching creams.

The FDA filed a preliminary application challenging the procedure in which the Cosmetics Association filed the lawsuit before the court.

According to the FDA, the Association had to come before the court with an application for judicial review instead of a writ.

But the Presiding Judge, Justice Daniel Mensah said, despite the persuasive arguments by lawyers of the FDA, there was legal precedent for the procedure adopted by the Cosmetics Association.

The Cosmetics Association of Ghana filed its suit after the FDA, and the Ghana Standards Authority placed a ban on the import and sale of skin care products containing Hydro quinine last year.

In their suit, they argued that their members have for years been importing skin care products containing Hydro quinine, the chemical which prompted the ban, through the ports with approval from the two institutions after paying for the appropriate fees.

The Association also argued that its members had imported, marketed and sold skin care and beauty products containing the banned chemical without any objections all these years and could not understand the motive behind the ban in August 2017.

The FDA has also maintained it stance that the ban is in accordance with the Ghana Standards Authority directive, after the growing of bleaching creams became public concern.

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