The application of joint and several liability for joint infringement in food safety civil public interest litigation in China’s judicial practice was discussed, and on this basis, the existing problems were clarified. Then a perfect path was proposed to be distinguishing between collusion-type joint tort true joint and several liability and non-collusion-type joint infringement. Joint infringement real joint and several liability and non-conspiracy joint infringement are not real joint liability, and the litigation strategy is selected according to the different methods of public interest litigation. At the same time, it is necessary to recognize the applicable value of punitive damages and apply it effectively.