Many issues areexisting in the legislations about the punitive damages of food consumption. The punitive damages correspond to different types, whole the relevant regulations are scattered and disordered. Specifically, the uncertain foundation of the right to claim and the conflict rules in competition and cooperation are mostly concerned, and the disputes in cases of determining the subjects of legal rights and the subjects of responsibility matter significantly. By analyzing current regulations and cases, the resolutions of these deficiencies are proposed, and the foundation of the right to claim should be determined by the base number types of punitive damages. As for the conflict of multiple responsibility types, the subjects of legal rights safeguarding should be allowed to make choices, and the court shall remind the plaintiff of whether the litigation claims should be changed. To balance the rights of the vulnerable party and maintain the food market order, a distinction should be made between the Profes-sional counterfeit hunters and the Intentional buyers of fake products, and help determining the subjects of the punitive damages of food consumption.