An Accra High Court presided over by Justice Daniel Mensah has dismissed a preliminary application by the Food and Drugs Authority seeking to have a suit filed by the Cosmetics Association Ghana over the ban of some bleaching creams overturned.
The FDA which is the second respondent in the case filed a preliminary application challenging the procedure in which the Cosmetics Association filed the case 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 delivering his ruling Justice Daniel Mensah said, despite the potent arguments by lawyers of the FDA a recent Supreme Court judgment has paved the way for the use of the procedure adopted by the Cosmetics Association.
The association, argued that its members have for years been importing skin care products containing hydroquinone – the chemical which prompted the ban – through the ports with approval from the two institutions after paying for the appropriate fees and charges.
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 last year.
“The plaintiff is an association of cosmetics importers, wholesalers and retailers registered under the laws of Ghana and sue in a representative capacity for and on behalf of its members,” the statement said.
The association, in the writ, maintained that, “there is scientific and medical proof that two percent hydroquinone in creams and lotions has no harmful effects on the human body.
It added that, “the total ban on the product has no factual, medical or scientific basis and same is, therefore, illegal.”
The FDA commenced the implementation of the ban on import and sale of skin care products containing hydroquinone last year.
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