suggested citation: R. Tristano, Food consumption and legal protection: a comparative analysis of Italian and English legal frameworks, lceonline (www.lceonline.eu), 3/2025, II/Rubriche, p. 81 ss.
key words: consumer protection, food law, greenwashing, green claims, sustainability
abstract: This work explores the comparative evolution of consumer protection in the food sector within the legal systems of Italy and England. Both jurisdictions address the increasing complexity of market narratives that intersect with ethical consumption, and product-related environmental attributes and share the awareness of the connection between food consumption and sustainability as an inspiring principle and a goal to reach. The Italian framework is shaped according to European canons and aligns with rules and principles stated by the related Regulations and Directives, including the recent Directive 2024/825/UE, related to the regulation of commercial communication, soon to be implemented in Italy by 2026. On the other side, the English regulation shares similar or identical principles, such as transparency, traceability, and informed choice, originally established or inherited from the European experience and maintained. In both legal systems, food consumer protection is shaped by a combination of public law safeguards and private enforcement mechanisms, also involving dedicated competent authorities through the interplay between general consumer protection norms and sector-specific provisions. However, the Italian framework emphasizes ex ante regulation and administrative controls, whereas the English system tends to favour ex post remedies, and regulatory guidance, reflecting their different nature and approach and showing how a different legal tradition can differently realize these principles into protection rules.
