A writ of summons and statement of claim, dated December 20, 2017, served on the two state institutions and sighted by the Daily Graphic, seeks to challenge the legitimacy of the ban, which, according to the association, was unfair, unreasonable and unconstitutional.

Writ

The association, in the writ, argues 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.

It 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 per cent 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”.

Reason for ban

The FDA commenced the implementation of the ban on import and sale of skin care products containing hydroquinone last year.

According to the Authority, the ban, which took effect from August 2016, was in accordance with a directive from the GSA.

The use of bleaching creams had become a growing public concern with some health practitioners warning against its use.

Being the regulatory authority, the FDA adopted the Ghana standard and began implementing it, cutting the registration of new products containing hydroquinone.

The acting Chief Executive of the authority, Mrs Mimi Darko, told a parliamentary committee on August 16, 2017, that her outfit was cracking down on the products already in the market.

She told the committee that the FDA had stopped registering products containing the chemical and had launched a sensitisation programme against the sale of the product in the market.

“The bleaching agent in most bleaching creams is hydroquinone and with the Ghana standard now, there should be zero per cent hydroquinone in bleaching creams,” she said.

She explained that the FDA, in conjunction with the GSA, took the decision because it realised that the bleaching creams were causing serious effects on the skin of users and eventually on the health of users.

Although the FDA said it was working with cosmetic sellers to ensure that those creams were not available on the market, the association, in its statement of claim, alleged that its members were not consulted before the ban was imposed.