Jennifer Pomeranz
Jennifer L Pomeranz
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Associate Professor of Public Health Policy and Management
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Professional overview
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Professor Jennifer Pomeranz is a public health lawyer who researches policy and legal options to address the food environment, obesity, products that cause public harm, and social injustice that lead to health disparities.
Prior to joining the NYU faculty, Professor Pomeranz was an Assistant Professor at the School of Public Health at Temple University and in the Center for Obesity Research and Education at Temple. She was previously the Director of Legal Initiatives at the Rudd Center for Food Policy and Obesity at Yale University. She has also authored numerous peer-reviewed and law review journal articles and a book, Food Law for Public Health, published by Oxford University Press in 2016.
Professor Pomeranz leads the Public Health Policy Research Lab and regularly teaches Public Health Law and Food Policy for Public Health.
"Policy is so important because it is the most effective way to influence public health. I got into public health to change the world -- to improve health and address inequities.”
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Education
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BA, History, University of Michigan, Ann Arbor, MIJD, Juris Doctorate, Cornell Law School, Ithaca, NYMPH, Harvard School of Public Health, Boston, MA
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Areas of research and study
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Diet-related diseaseProducts that cause harmPublic Health LawPublic Health PolicySocial injustices that create health disparities
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Publications
Publications
Advancing FDA’s Human Food Program Through Additional Authorities and User Fees
AbstractPomeranz, J. L., Leib, E. B., Cash, S. B., & Mozaffarian, D. (n.d.).Publication year
2025Journal title
Health AffairsAbstract~Advancing The FDA's Human Foods Program Through Additional Authorities And User Fees
AbstractPomeranz, J. L., Cash, S. B., Broad Leib, E., & Mozaffarian, D. (n.d.).Publication year
2025Journal title
Health affairs (Project Hope)Volume
44Issue
4Page(s)
458-466AbstractThe Food and Drug Administration (FDA) lacks certain authorities and is persistently underresourced to fulfill its mission of protecting the public by ensuring that foods are safe, wholesome, sanitary, and properly labeled. Particularly concerning gaps exist in pre- and postmarket oversight of food ingredients that are often found in ultraprocessed foods. Numerous substances either have evidence of harm or are unknown to the FDA and the public. Additional authorities and resources are necessary. User fees have been successfully implemented to provide resources to the FDA for other programs under its purview. This legal and policy analysis evaluates the FDA's food-related authorities that would be amenable to a new user fee program. It reviews policy domains where new or enhanced user fees may be warranted. We find that a new comprehensive FDA user fee program for food may benefit industry and generate targeted new resources to strengthen the agency's oversight.Population, demographic and socioeconomic characteristics associated with state preemption laws in the United States, 2009-2018
AbstractPagán, J. A., Silver, D. R., Akiya, K., & Pomeranz, J. L. (n.d.).Publication year
2025Journal title
PloS oneVolume
20Issue
4 APRILAbstractObjective In the United States, preemption laws enacted by state governments can remove local government authority to enact policy and undermine community self-determination and local democracy. No study to date has evaluated the population, demographic, and socioeconomic characteristics associated with state preemption of public health policies. Our study identifies state characteristics associated with preemption of local paid sick leave, food and nutrition, tobacco control, and firearm safety policies. Methods We conducted a Classification and Regression Tree (CART) analysis using state-level demographic, socioeconomic, and population health indicators from 2009 to 2018 to predict state ceiling preemption of local paid sick leave, food and nutrition, tobacco control, and firearm safety policies. Results Several demographic, economic, political, and health factors best distinguish states with and without preemption in each of the four domains. Total state population was an important characteristic in all four trees and the non-Hispanic Black population was important in three trees. All other age- and race/ethnicity-related demographic variables included were important characteristics in at least one tree. Additionally, adult obesity and flu vaccination were relevant in the paid sick leave tree and firearm-deaths, suicide-deaths, and the unemployment rate were relevant in the firearm safety tree. The relationship between specific factors and preemption in each of the four domains varied depending on the location of the factor within the trees. Conclusions and relevance Specific population, demographic and economic characteristics in a state are associated with the adoption of ceiling preemption of paid sick, food and nutrition, tobacco, and firearm safety laws, but these characteristics vary by domain. Our study identified which populations within groups of states may be affected by preemption. The findings can inform whether preemption laws considered or adopted in a state may also require protective measures for population groups that could be adversely affected by these laws.US federal and state actions can improve food ingredient safety
AbstractPomeranz, J. L., & Mozaffarian, D. (n.d.).Publication year
2025Journal title
Nature FoodVolume
6Issue
7Page(s)
641-644AbstractA safe food supply is critical to the health and future of nations. The new US administration has issued robustly worded intentions to address unsafe food ingredients, yet with voluntary proposals and conflicting priorities. Additionally, states are rapidly innovating around ingredient bans, warnings and public disclosures. A review of these federal and state actions reveals specific ways they might materially advance food ingredient safety.Beyond Laws : Governors’ Roles in Shaping State Firearm Environments, 2020–2022
AbstractSilver, D. R., Pomeranz, J. L., Holm, J., & Doki, M. (n.d.).Publication year
2024Journal title
American journal of preventive medicineAbstract~Current US Policies for the Marketing of Breastmilk Substitutes and Competitive Foods.
AbstractPomeranz, J. L. (n.d.).Publication year
2024Abstract~Disclosure of mandatory and voluntary nutrition labeling information across major online food retailers in the United States
AbstractReedy, J., Cash, S. B., Pomeranz, J. L., & Mozaffarian, D. (n.d.).Publication year
2024Abstract~Disclosure of mandatory and voluntary nutrition labelling information across major online food retailers in the USA
AbstractSharib, J. R., Pomeranz, J. L., Mozaffarian, D., & Cash, S. B. (n.d.).Publication year
2024Journal title
Public Health NutritionVolume
27Issue
1AbstractObjective: Nutrition labelling is mandatory on food products in retail stores, but compliance in the rapidly expanding online setting remains unclear. We assessed mandatory and voluntary labelling information across major U.S. online retailers. Design: Between January and August 2022, we evaluated a representative basket of sixty food and beverage items across eight product categories of ten major retailers. We evaluated online presence, accessibility and legibility of four mandatory elements – Nutrition Facts, ingredients, allergen statements and percent juice for fruit drinks – and presence of seven voluntary elements – nutrient content claims, health/qualified health claims, ingredient claims, structure–function claims, additive claims, front-of-package nutrient profiling symbols and other marketing claims. Setting: Major online food retailers in the USA. Participants: N/A. Results: On average, each mandatory element was present, accessible and legible for only 35·1 % of items, varying modestly by element (from 38·3 % for ingredients lists to 31·5 % for Nutrition Facts) but widely by retailer (6·6–86·3 %). Voluntary elements were present for 45·8 % of items, ranging from 83·7 % for marketing claims to 2·0 % for structure–function claims. Findings were generally consistent across the eight product categories. Voluntary elements were more frequently present than accessible and legible mandatory elements for six of ten retailers and seven of eight product categories. Conclusions: Mandatory nutrition label elements are not commonly present, accessible and legible in online retail settings and are less consistently present than marketing elements. Coordinated industry and regulatory actions may be needed to ensure consumers can access mandatory nutrition information to make healthy and safe food choices online.Population, Demographic and Socioeconomic Characteristics Associated with State Preemption Laws across States, 2009-2018
AbstractPagain, J., Pagain, J., Pagain, J., Pagain, J., Pagain, J., Pagain, J., Pagain, J., Pagain, J., Pagain, J., Silver, D., Silver, D., Silver, D., Silver, D., Silver, D., Silver, D., Silver, D., Silver, D., Silver, D., Akiya, K., … Pomeranz, J. L. (n.d.).Publication year
2024Abstract~Regulation of Added Substances in the Food Supply by the Food and Drug Administration Human Foods Program
AbstractPomeranz, J. L., Broad Leib, E. M., & Mozaffarian, D. (n.d.).Publication year
2024Journal title
American journal of public healthVolume
114Issue
10Page(s)
1061-1070AbstractThe US food supply is increasingly associated with diet-related diseases, toxicity, cancer, and other health harms. These public health concerns are partly attributable to a loophole in federal law. The Food and Drug Administration (FDA) evaluates the premarket safety of ingredients regulated as food additives but allows the food industry to self-regulate and determine which substances to classify as generally recognized as safe (GRAS) based on undisclosed data and conclusions that the FDA never sees. Furthermore, the FDA lacks a formal approach for reviewing food additives and GRAS substances already found in the food supply. Substances in the food supply thus include innocuous ingredients (e.g., black pepper), those that are harmful at high levels (e.g., salt), those that are of questionable safety (e.g., potassium bromate), and those that are unknown to the FDA and the public. A recent court decision codified these gaps in the FDA’s current approach, leaving states to try to fill the regulatory void. The FDA and Congress should consider several policy options to ensure that the FDA is meeting its mission to ensure a safe food supply.The Entrenched Erosion of Meaningful Participation in US Elections
AbstractPomeranz, J. L. (n.d.).Publication year
2024Journal title
American Journal of Public HealthVolume
114Issue
3Page(s)
294-296Abstract~Availability of calorie information on online menus from chain restaurants in the USA : Current prevalence and legal landscape
AbstractGreenthal, E., Sorscher, S., Pomeranz, J. L., & Cash, S. B. (n.d.).Publication year
2023Journal title
Public Health NutritionAbstractObjective: Federal law requires calorie information on chain restaurant menus. We sought to assess the prevalence of calorie disclosures on online menus and determine if the menus are controlled by restaurants subject to US labelling requirements. Design: Cross-sectional Setting: Restaurant websites and mobile apps for restaurant located in New York City, Los Angeles, Chicago, and Houston Participants: US chain restaurants (top seventy-five by number of outlets) and third-party platforms (TPP): Grubhub, Uber Eats, DoorDash Results: There was at least one calorie disclosure (for at least one food or beverage, in at least one location) on sixty-eight of seventy-two (94 %) menus on restaurant websites or apps, thirty-two of fifty-five (58 %) menus on DoorDash, six of forty-nine (12 %) menus on Grubhub and thirty of fifty-nine (51 %) menus on Uber Eats. There was consistent calorie labelling (all foods and beverages, all locations) on forty-three of seventy-two (60 %) menus on restaurant websites or apps, fifteen of fifty-five (27 %) menus on DoorDash, three of forty-nine (6 %) menus on Grubhub and eleven of fifty-nine (19 %) menus on Uber Eats. Only four restaurant chains consistently labelled calories for all items, in all locations, on all platforms where their menus were found. All three TPP provided restaurants the ability to enter and modify menu items, making the menus subject to US labelling requirements. Only Uber Eats provided guidance to restaurants on entering calorie information. Conclusions: As consumers increasingly rely on TPP for restaurant ordering, menus on these platforms should include calories in order to promote transparency and nutrition.Effects of a front-of-package disclosure on accuracy in assessing children's drink ingredients : two randomised controlled experiments with US caregivers of young children
AbstractFleming-Milici, F., Gershman, H., Pomeranz, J. L., & Harris, J. L. (n.d.).Publication year
2023Journal title
Public Health NutritionAbstractObjective: Test effects of a standardised front-of-package (FOP) disclosure statement (indicating added sugar, non-nutritive sweetener (NNS) and juice content) on accuracy in assessing ingredients and perceived healthfulness of children's drinks. Design: In two randomised controlled experiments, the same participants viewed drink packages and indicated if products contained added sugar or NNS and percent juice and rated drink healthfulness. Experiment 1 (E1) included novel (non-US) children's drinks with a) product claims only (control), b) claims and disclosure, or c) disclosure only. Experiment 2 (E2) included existing children's drinks (with claims) with a) no disclosure (control) or b) disclosure. Both experiments evaluated sweetened (fruit drink and flavoured water) and unsweetened (100 % juice and juice/water blend) drinks. Potential individual differences (education level and race/ethnicity) in effects were explored. Setting: Online survey Participants: Six hundred and forty-eight US caregivers of young children (1-5 years) Results: FOP disclosures significantly increased accuracy for most ingredients and drink types, including identifying presence or absence of NNS in sweetened drinks, no added sugar in juice/water blends, and actual percent juice in fruit drinks and juice/water blends in both experiments. Disclosures also increased recognition that the novel 100 % juice and juice/water blend did not contain NNS or added sugar (E1) and existing sweetened drinks contained added sugar (E2). Disclosures reduced perceived healthfulness of sweetened drinks but did not increase unsweetened drink healthfulness ratings. Some differences by participant socio-demographic characteristics require additional research. Conclusions: FOP disclosures on children's drink packages can increase caregivers' understanding of product ingredients and aid in selecting healthier children's drinks.Firearm Laws Enacted by Municipalities in 6 States With Diverse Policy Frameworks
AbstractPomeranz, J. L., Silver, D. R., Lieff, S. A., & McNeill, E. (n.d.).Publication year
2023Journal title
American journal of preventive medicineAbstractIntroduction: Firearm violence is a public health crisis. Municipalities are frequently prevented from adopting firearm-related laws because of state preemption―when the state limits local authority to enact laws on a specific topic. Yet, it is unknown the extent to which municipalities enact firearm-related laws under varying preemption regimes, the content of such laws, and how municipal laws relate to the state's firearm-policy framework. Methods: A purposeful sample of 6 states with diverse preemption laws were chosen; 3 with robust preemption: South Carolina, Maryland, and Arizona; 1 with moderate preemption: Nebraska; and 2 without preemption: Connecticut and New York. Using Lexis+, municipal codes as of December 31, 2020 were identified, and the policy topics were evaluated and compared with the state's policy framework. Counties representing the municipalities identified were characterized using public use data. Results: In total, 613 municipal policies were identified, covering 56 topics. The number of policy topics enacted by at least 1 municipality in the state included 18 for Arizona, 21 for Connecticut, 24 for Maryland, 25 for Nebraska, 40 for New York, and 28 for South Carolina. The most common policy identified was restricting public discharge in community-centered locations. Local laws in preemption states replicated state requirements or were consistent with savings clauses expressly allowing local action. New York City, a municipality in a state without preemption, enacted laws covering the most policy topics of the municipalities identified. Conclusions: When not constrained by state preemption, local lawmakers actively passed firearm-related legislation. Many such laws are specific to local contexts and may reflect local lawmakers’ responsiveness to constituent concerns.Forced Birth and No Time off Work : Abortion Access and Paid Family Leave Policies
AbstractSchnake-Mahl, A. S., Pomeranz, J. L., Sun, N., Headen, I., O'Leary, G., & Jahn, J. L. (n.d.).Publication year
2023Journal title
American journal of preventive medicineAbstract~Is that Hospital Food Pantry an Illegal Patient Inducement? Analysis of Health Care Fraud Laws as Barriers to Food and Nutrition Security Interventions
AbstractLandauer, R., Seligman, H., Pomeranz, J. L., Hager, K., & Mozaffarian, D. (n.d.).Publication year
2023Journal title
Journal of Law, Medicine and EthicsVolume
51Issue
4Page(s)
889-899AbstractThe complex regulatory framework governing the U.S. health care system can be an obstacle to programming that address health-related social needs. In particular, health care fraud and abuse law is a pernicious barrier as health care organizations may minimize or forego programming altogether out of real and perceived concern for compliance. And because health care organizations have varying resources to navigate and resolve compliance concerns, as well as different levels of risk tolerance, fears related to the legal landscape may further entrench inequities in access to meaningful programs that improve health outcomes. This article uses food and nutrition programming as a case study to explore the complexities presented by this area of law and to highlight pathways forward.Legal and Policy Challenges for Intervention.
AbstractPomeranz, J. L. (n.d.).Publication year
2023Abstract~Policy Opportunities and Legal Considerations to Reform SNAP-Authorized Food Retail Environments
AbstractPomeranz, J. L. (n.d.).Publication year
2023Journal title
Journal of public health management and practice : JPHMPVolume
29Issue
5Page(s)
614-621AbstractCONTEXT: There is an invigorated national interest in nutrition security, with emphasis on the Supplemental Nutrition Assistance Program (SNAP) playing a key role. OBJECTIVE: To support healthy food purchasing, several strategies have emerged to modify the food retail environment. However, the legal feasibility of several such policy options has not been established. DESIGN: Research was conducted using Lexis+ to evaluate statutes, regulations, and case law to determine the legal feasibility of requiring retail-based SNAP signage and nutrition disclosures, healthy endcaps and checkout aisles, and tying advertising restrictions to the licensing of SNAP retailers. SETTING: US in-store and online food retail retailers. MAIN OUTCOME MEASURE: Legal feasibility. RESULTS: Requiring retailers that designate certain foods or locations as SNAP-eligible to consistently do so in all SNAP-eligible pages/locations is likely feasible. If properly drafted to focus on the nutritional quality of food, healthy checkout and endcap restrictions are legally feasible. It is of unclear legal feasibility to require retailers (especially in-store) to disclose nutrition-related labeling, shelf tags, or nonfactual symbols indicating the relative healthfulness of products. Restricting or banning advertising is not legally feasible even if the government ties the restrictions to retail licensing requirements. CONCLUSIONS: Entities seeking to support healthy food retail should not seek to restrict advertising or compel retailers to convey messages against their interests. The government can license retailers and require them to abide by laws and other requirements that do not violate their constitutional rights. The government can also use its own speech through public service announcements, billboards, and transit advertising to encourage healthy food consumption for all shoppers including those who use SNAP. Additional research is warranted into online retail practices to evaluate variations in online checkout pages and to determine whether online retailers treat SNAP participants differently from non-SNAP participants.Public Health Law in Practice
AbstractPomeranz, J. L., Merrill, T. G., & Schroth, K. R. (n.d.).Publication year
2023AbstractThis book is a public health law textbook specifically for U.S. public health practitioners, advocates and students at the undergraduate, master, and doctoral level. It is the only public health law textbook for a public health audience that includes case law and provides practical information on the practice of public health. This book provides necessary background into law as it relates to the practice of public health, including the government’s authority to promote public health through policies and programs, and limitations on the government’s authority to protect public health. The book also addresses specific topics of deep interest and concern to public health readers and provides information on the mechanics of public health policymaking.The concerning lack of Food and Drug Administration oversight over added substances in the food supply
AbstractPomeranz, J. L. (n.d.).Publication year
2023Abstract~The Diffusion of Punitive Firearm Preemption Laws Across U.S. States
AbstractMacinko, J. A., Silver, D. R., Clark, D. A., & Pomeranz, J. L. (n.d.).Publication year
2023Journal title
American journal of preventive medicineAbstractIntroduction: Firearm violence is a public health crisis. Most states prohibit local firearm laws, but some states have laws that allow for lawsuits and other penalties against local governments and lawmakers who pass firearm laws deemed preempted. These punitive firearm preemptive laws may reduce firearm policy innovation, discussion, and adoption beyond preemption alone. Yet, it is unknown how these laws spread from state to state. Methods: In 2022, using an event history analysis framework with state dyads, logistic regression models estimate the factors associated with adoption and diffusion of firearm punitive preemption laws, including state-level demographic, economic, legal, political, population, and state-neighbor factors. Results: As of 2021, 15 states had punitive firearm preemption laws. Higher numbers of background checks (AOR=1.50; 95% CI=1.15, 2.04), more conservative government ideology (AOR=7.79; 95% CI=2.05, 35.02), lower per capita income (AOR=0.16; 95% CI=0.05, 0.44), a higher number of permissive state firearm laws (AOR=2.75; 95% CI=1.57, 5.30), and neighboring state passage of the law (AOR=3.97; 95% CI=1.52, 11.51) were associated with law adoption. Conclusions: Both internal and external state factors predict the adoption of punitive firearm preemption. This study may provide insight into which states are susceptible to adoption in the future. Advocates, especially in neighboring states without such laws, may want to focus their firearm safety policy efforts on opposing the passage of punitive firearm preemption.The Health and Economic Impact of Using a Sugar Sweetened Beverage Tax to Fund Fruit and Vegetable Subsidies in New York City: A Modeling Study
AbstractPomeranz, J. L., Lou, Z., Yi, S. S. S., Pomeranz, J., Suss, R., Russo, R., Rummo, P. E., Eom, H., Liu, J., Zhang, Y., Moran, A. E., Bellows, B. K., Kong, N., & Li, Y. (n.d.).Publication year
2023Journal title
Journal of urban health : bulletin of the New York Academy of MedicineVolume
100Issue
1Page(s)
51-62AbstractLow fruit and vegetable (FV) intake and high sugar-sweetened beverage (SSB) consumption are independently associated with an increased risk of developing cardiovascular disease (CVD). Many people in New York City (NYC) have low FV intake and high SSB consumption, partly due to high cost of fresh FVs and low cost of and easy access to SSBs. A potential implementation of an SSB tax and an FV subsidy program could result in substantial public health and economic benefits. We used a validated microsimulation model for predicting CVD events to estimate the health impact and cost-effectiveness of SSB taxes, FV subsidies, and funding FV subsidies with an SSB tax in NYC. Population demographics and health profiles were estimated using data from the NYC Health and Nutrition Examination Survey. Policy effects and price elasticity were derived from recent meta-analyses. We found that funding FV subsidies with an SSB tax was projected to be the most cost-effective policy from the healthcare sector perspective. From the societal perspective, the most cost-effective policy was SSB taxes. All policy scenarios could prevent more CVD events and save more healthcare costs among men compared to women, and among Black vs. White adults. Public health practitioners and policymakers may want to consider adopting this combination of policy actions, while weighing feasibility considerations and other unintended consequences.U.S. Policies Addressing Ultraprocessed Foods, 1980–2022
AbstractPomeranz, J. L., Mande, J. R., & Mozaffarian, D. (n.d.).Publication year
2023Journal title
American journal of preventive medicineVolume
65Issue
6Page(s)
1134-1141AbstractIntroduction: Ultraprocessed foods are industrial formulations manufactured from substances derived from foods and industrially-produced ingredients and additives. Few countries’ policies directly regulate ultraprocessed food, but several countries’ dietary guidelines suggest eating less ultraprocessed food. The U.S. Dietary Guidelines for Americans do not mention the ultraprocessed food category, but the 2025–2030 Advisory Committee is tasked with evaluating research related to ultraprocessed food consumption. The U.S. Dietary Guidelines for Americans are used for U.S. food and nutrition policies. It is unknown the extent that federal and state policymakers have already proposed or passed policies addressing ultraprocessed foods. Methods: Research was conducted using Lexis+ into federal and state statutes, bills, resolutions, regulations, and proposed rules, and Congressional Research Services reports to identify policymaking related to highly processed and ultraprocessed food from January 1980 through February 2023. Results: This research identified 25 policy actions (8 federal, 17 state) proposed or passed between 1983 and 2022 (22 of them, 2011–2022). The most common topic area related to children's nutrition (n=14), and a prevalent theme related to food prices. Only 1 policy defined ultraprocessed food, and 3 policies sought to address the broader food environment by providing incentives to small retailers to stock healthy foods. Conclusions: Addressing ultraprocessed food in U.S. policy activity is quite recent, with few policies directly targeting ultraprocessed foods but rather discussing them as contrary to healthy diets. Internationally, ultraprocessed foods have been directly integrated into national dietary guidelines and school food programs. These policies are consistent with emerging U.S. policy activity and may provide information for future policymaking in the U.S.