With Law No. 34 of 11 March 2026 (Annual Law on Small and Medium-Sized Enterprises), the Italian legislature has introduced new rules governing references to craftsmanship and artisanal production in commercial communications. In particular, Article 16 amended Article 5 of the Framework Law on Artisanal Enterprises, introducing an express prohibition on the use of references to “craftsmanship” or “artisanality” in company names, trademarks, signs and in the promotion of products or services by operators that are not registered in the Register of Artisanal Enterprises.

The new legislation marks a clear departure from the previous case law approach, which had allowed the use of the term “artisanal” even for products manufactured through industrial processes, provided that the production methods substantially reproduced the techniques and characteristics typically associated with artisanal manufacturing. The designation “artisanal” for industrial products was considered non-misleading where the manufacturing process “consists of stages that faithfully reproduce an artisanal production method”, so that the resulting product “substantially differs, in terms of the production and technological methods employed, from products traditionally manufactured on a large scale” (Italian Council of State, judgment No. 2979/2019).

The legislative reform appears instead to place primary emphasis on the legal status of the economic operator, entirely disregarding the characteristics of the production process itself. Under the new rules, the ability to use references to craftsmanship no longer depends on how a product is made, but rather on whether the operator is entitled to qualify itself as a craft enterprise under Italian law.

Businesses may, however, continue to highlight specific characteristics of their products through expressions such as “handmade”, “traditional”, “tailor-made”, “crafted by hand” or similar descriptions, provided that the overall message is not misleading to consumers.

The new legislation therefore requires businesses to review their communication strategies and promotional materials, particularly in sectors such as food, fashion, furniture and design, where references to artisanal production have traditionally been used as a key element of product differentiation and value creation.

categoria:European Case Law