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
A comprehensive strategy to overhaul FDA authority for misleading food labels.
AbstractPomeranz, J. L. (n.d.).Publication year
2013Journal title
Unknown JournalVolume
39Issue
4Page(s)
617-647AbstractThe modern food environment is considered a primary driver of obesity and other nutrition-related chronic diseases. A significant contribution to this environment is the proliferation of claims on food packaging that provides a misleading picture of a product's healthfulness. The Food and Drug Administration (FDA) is the agency responsible for food labels but it lacks the regulatory authority and adequate resources to address the majority of questionable labeling practices. The FDA's current system of enforcement is thus essentially based on voluntary compliance and consumer- and manufacturer-initiated litigation has not successfully filled the regulatory gap. This manuscript reviews the current state of food labeling claims and the FDA's inadequate authority over misbranded food products. It analyzes competing views on regulatory compliance strategies and argues that a regulatory overhaul consistent with the best science and the First Amendment is necessary. With increased resources and authority, the FDA can meet current public health challenges and adequately ensure that labels are clear and consumers are properly informed and protected.A crisis in the marketplace : How food marketing contributes to childhood obesity and what can be done
AbstractHarris, J. L., Pomeranz, J. L., Lobstein, T., & Brownell, K. D. (n.d.).Publication year
2009Journal title
Annual Review of Public HealthVolume
30Page(s)
211-225AbstractReducing food marketing to children has been proposed as one means for addressing the global crisis of childhood obesity, but significant social, legal, financial, and public perception barriers stand in the way. The scientific literature documents that food marketing to children is (a) massive; (b) expanding in number of venues (product placements, video games, the Internet, cell phones, etc.); (c) composed almost entirely of messages for nutrient-poor, calorie-dense foods; (d ) having harmful effects; and (e) increasingly global and hence difficult to regulate by individual countries. The food industry, governmental bodies, and advocacy groups have proposed a variety of plans for altering the marketing landscape. This article reviews existing knowledge of the impact of marketing and addresses the value of various legal, legislative, regulatory, and industry-based approaches to change.A historical analysis of public health, the law, and stigmatized social groups : The need for both obesity and weight bias legislation
AbstractPomeranz, J. L. (n.d.).Publication year
2008Journal title
ObesityVolume
16Issue
SUPPL. 2Page(s)
S93-S103AbstractHistory teaches that discrimination against socially undesirable groups leads to societal and governmental neglect of the stigmatized group's health problem. By placing weight discrimination in a historical context, this article demonstrates that legislation specifically aimed at rectifying obesity is less likely while weight bias is socially acceptable. Beyond obesity legislation, public health professionals may consider advocating for legislation directly targeting discrimination based on weight. This article reviews the history of discrimination against distinct groups and provides statutory solutions for discrimination based on weight. In addition to revising current statutes and regulatory rules, a unique statute targeting weight bias in the employment context is considered.Abortion disclosure laws and the first amendment : The broader public health implications of the supreme Court's becerra decision
AbstractPomeranz, J. L. (n.d.).Publication year
2019Journal title
American journal of public healthVolume
109Issue
3Page(s)
412-418AbstractIn 2018, the US Supreme Court analyzedaCalifornia staterequirement that clinics serving pregnant women must provide government notices-1 for licensedclinics about theavailability of state health services including abortion and 1 for unlicensed clinics, notifying potential clients that the clinics are not licensed medical facilities and have no licensed medical professionals on-site. The Supreme Court found that both notices violated the First Amendment rights of the clinics. The Supreme Court's opinion elicits new uncertainties about the government's ability to require the disclosure of factual information in the context of reproductive health services and more broadly in the commercial context. However, the Supreme Court's silence on 1 of the state's purposes for theunlicensed clinic notice,which was to address deceptive speech by the clinics, highlights a potential avenue for future regulation. Policymakers can require the disclosure of factual information in the commercial context specifically to prevent consumer deception consistent with the First Amendment. Public health researchers can generate evidence to support such disclosure requirements intended to protect health and safety.Adoption and Design of Emerging Dietary Policies to Improve Cardiometabolic Health in the US
AbstractHuang, Y., Pomeranz, J. L., Wilde, P., Capewell, S., Gaziano, T., O’Flaherty, M., Kersh, R., Whitsel, L., Mozaffarian, D., & Micha, R. (n.d.).Publication year
2018Journal title
Current atherosclerosis reportsVolume
20Issue
5AbstractPurpose of Review: Suboptimal diet is a leading cause of cardiometabolic disease and economic burdens. Evidence-based dietary policies within 5 domains—food prices, reformulation, marketing, labeling, and government food assistance programs—appear promising at improving cardiometabolic health. Yet, the extent of new dietary policy adoption in the US and key elements crucial to define in designing such policies are not well established. We created an inventory of recent US dietary policy cases aiming to improve cardiometabolic health and assessed the extent of their proposal and adoption at federal, state, local, and tribal levels; and categorized and characterized the key elements in their policy design. Recent Findings: Recent federal dietary policies adopted to improve cardiometabolic health include reformulation (trans-fat elimination), marketing (mass-media campaigns to increase fruits and vegetables), labeling (Nutrition Facts Panel updates, menu calorie labeling), and food assistance programs (financial incentives for fruits and vegetables in the Supplemental Nutrition Assistance Program (SNAP) and Women, Infant and Children (WIC) program). Federal voluntary guidelines have been proposed for sodium reformulation and food marketing to children. Recent state proposals included sugar-sweetened beverage (SSB) taxes, marketing restrictions, and SNAP restrictions, but few were enacted. Local efforts varied significantly, with certain localities consistently leading in the proposal or adoption of relevant policies. Across all jurisdictions, most commonly selected dietary targets included fruits and vegetables, SSBs, trans-fat, added sugar, sodium, and calories; other healthy (e.g., nuts) or unhealthy (e.g., processed meats) factors were largely not addressed. Key policy elements to define in designing these policies included those common across domains (e.g., level of government, target population, dietary target, dietary definition, implementation mechanism), and domain-specific (e.g., media channels for food marketing domain) or policy-specific (e.g., earmarking for taxes) elements. Characteristics of certain elements were similarly defined (e.g., fruit and vegetable definition, warning language used in SSB warning labels), while others varied across cases within a policy (e.g., tax base for SSB taxes). Several key elements were not always sufficiently characterized in government documents, and dietary target selections and definitions did not consistently align with the evidence-base. Summary: These findings highlight recent action on dietary policies to improve cardiometabolic health in the US; and key elements necessary to design such policies.Advanced policy options to regulate sugar-sweetened beverages to support public health
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
Journal of Public Health PolicyVolume
33Issue
1Page(s)
75-88AbstractConsumption of sugar-sweetened beverages (SSBs) has increased worldwide. As public health studies expose the detrimental impact of SSBs, consumer protection and public health advocates have called for increased government control. A major focus has been on restricting marketing of SSBs to children, but many innovative policy options - legally defensible ways to regulate SSBs and support public health - are largely unexplored. We describe the public health, economic, and retail marketing research related to SSBs (including energy drinks). We review policy options available to governments, including mandatory factual disclosures, earmarked taxation, and regulating sales, including placement within retail and food service establishments, and schools. Our review describes recent international initiatives and classifies options available in the United States by jurisdiction (federal, state, and local) based on legal viability.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 public health obesity policy through state attorneys general
AbstractPomeranz, J. L., & Brownell, K. D. (n.d.).Publication year
2011Journal title
American journal of public healthVolume
101Issue
3Page(s)
425-431AbstractObesity in the United States exacts a heavy health and financial toll, requiring new approaches to address this public health crisis. State attorneys general have been underutilized in efforts to formulate and implement food and obesity policy solutions. Their authority lies at the intersection of law and public policy, creating unique opportunities unavailable to other officials and government entities. Attorneys general have a broad range of authority over matters specifically relevant to obesity and nutrition policy, including parens patriae (parent of the country) authority, protecting consumer interests, enacting and supporting rules and regulations, working together across states, engaging in consumer education, and drafting opinions and amicus briefs. Significant room exists for greater attorney general involvement in formulating and championing solutions to public health problems such as obesity.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.Anticipating and defeating preemption across public health
AbstractPomeranz, J. L. (n.d.).Publication year
2020Journal title
American journal of public healthVolume
110Issue
3Page(s)
268-270Abstract~Assessing laws and legal authorities for obesity prevention and control
AbstractGostin, L. O., Pomeranz, J. L., Jacobson, P. D., & Gottfried, R. N. (n.d.).Publication year
2009Journal title
Journal of Law, Medicine and EthicsVolume
37Issue
SUPPL. 1Page(s)
28-36Abstract~Assessing the impact of federal and state preemption in public health : A framework for decision makers
AbstractPertschuk, M., Pomeranz, J. L., Aoki, J. R., Larkin, M. A., & Paloma, M. (n.d.).Publication year
2013Journal title
Journal of Public Health Management and PracticeVolume
19Issue
3Page(s)
213-219AbstractIn the United States, state and local public health policies play a fundamental role in innovation and progress. Preemption, by which Congress or the state legislatures limit the authority of lower jurisdictions, can eliminate the benefits of state and local policy initiatives. Preemption can also have a negative impact on enforcement, civic engagement, and grassroots movement building.In June 2011, the Institute of Medicine published a groundbreaking report on policy and law that considered preemption as a crosscutting issue in public health. The Institute of Medicine recommended that federal and state policy makers "should set minimum standards..allowing states and localities to further protect the health and safety of their inhabitants," and "should avoid language that hinders public health action."The Preemption Framework is a tool to SUPPL.ort effective decision making by helping the public health field anticipate, assess, and, if necessary, counter preemptive policy proposals. We review the consequences of preemption, including its potential impact on grassroots public health movements, and propose practical questions and considerations to assist decision makers in responding to preemptive proposals.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.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~BMI and Healthcare Cost Impact of Eliminating Tax Subsidy for Advertising Unhealthy Food to Youth
AbstractSonneville, K. R., Long, M. W., Ward, Z. J., Resch, S. C., Wang, Y. C., Pomeranz, J. L., Moodie, M. L., Carter, R., Sacks, G., Swinburn, B. A., & Gortmaker, S. L. (n.d.).Publication year
2015Journal title
American journal of preventive medicineVolume
49Issue
1Page(s)
124-134AbstractIntroduction: Food and beverage TV advertising contributes to childhood obesity. The current tax treatment of advertising as an ordinary business expense in the U.S. subsidizes marketing of nutritionally poor foods and beverages to children. This study models the effect of a national intervention that eliminates the tax subsidy of advertising nutritionally poor foods and beverages on TV to children aged 2-19 years. Methods: We adapted and modified the Assessing Cost Effectiveness framework and methods to create the Childhood Obesity Intervention Cost Effectiveness Study model to simulate the impact of the intervention over the 2015-2025 period for the U.S. population, including short-term effects on BMI and 10-year healthcare expenditures. We simulated uncertainty intervals (UIs) using probabilistic sensitivity analysis and discounted outcomes at 3% annually. Data were analyzed in 2014. Results: We estimated the intervention would reduce an aggregate 2.13 million (95% UI=0.83 million, 3.52 million) BMI units in the population and would cost $1.16 per BMI unit reduced (95% UI=$0.51, $2.63). From 2015 to 2025, the intervention would result in $352 million (95% UI=$138 million, $581 million) in healthcare cost savings and gain 4,538 (95% UI=1,752, 7,489) quality-adjusted life-years. Conclusions: Eliminating the tax subsidy of TV advertising costs for nutritionally poor foods and beverages advertised to children and adolescents would likely be a cost-saving strategy to reduce childhood obesity and related healthcare expenditures.Breastmilk or infant formula? Content analysis of infant feeding advice on breastmilk substitute manufacturer websites
AbstractPomeranz, J. L., Chu, X., Groza, O., Cohodes, M., & Harris, J. L. (n.d.).Publication year
2021Journal title
Public Health NutritionAbstractObjective: To evaluate messages about infant feeding on breastmilk substitute (BMS) manufacturer websites directed at US caregivers and compare information and portrayals of breast-feeding/breastmilk with that of infant formula (IF) feeding. Design: We conducted a content analysis of US BMS companies' websites. A codebook was created through an iterative process to identify messages and images about breast-feeding/breastmilk and IF feeding, including benefits or issues associated with each, and direct-to-consumer marketing practices that could discourage breast-feeding. Setting: Data were collected in 2019-2020 and analysed in 2020-2021 for US websites of five IF manufacturers. Participants: The websites of Similac, Enfamil and Gerber, which collectively represent approximately 98 % of the US IF market, and two US organic brands, Earth's Best and Happy Baby. Results: Websites contained more messages about breast-feeding/breastmilk than IF but were significantly more likely to mention benefits to baby of IF (44 %) than breast-feeding/breastmilk (Can government regulate portion sizes?
AbstractPomeranz, J. L., & Brownell, K. D. (n.d.).Publication year
2014Journal title
New England Journal of MedicineVolume
371Issue
21Page(s)
1956-1958Abstract~Can the Government Require Health Warnings on Sugar-Sweetened Beverage Advertisements?
AbstractPomeranz, J. L., Mozaffarian, D., & Micha, R. (n.d.).Publication year
2018Journal title
JAMAVolume
319Issue
3Page(s)
227-228Abstract~Challenging and preventing policies that prohibit local civil rights protections for lesbian, gay, bisexual, transgender, and queer people
AbstractPomeranz, J. L. (n.d.).Publication year
2018Journal title
American journal of public healthVolume
108Issue
1Page(s)
67-72AbstractDiscrimination causes health inequities for stigmatized groups. Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals, in particular, are at significantly increased risk for disparate health outcomes when they reside in states that fail to extend equal protections to them or that actively deprive equal rights to them. Several states and the federal government have proposed or enacted laws that permit residents to discriminate against LGBTQ individuals. One such law, Arkansas's Intrastate Commerce Improvement Act of 2015, preempts or prohibits local governments from enacting civil rights protections for LGBTQ individuals that are also lacking at the state level. State laws such as Arkansas's undermine local control, damage the economy, and create injustices that harm LGBTQ people. I set forth 2 constitutional arguments to challenge such laws, and I provide information to help advocates support evidence-based policymaking and prevent the passage of similar laws in their states.Child Social Media Influencers and Unhealthy Food Product Placement
AbstractAlruwaily, A., Mangold, C., Greene, T., Arshonsky, J., Cassidy, O., Pomeranz, J. L., & Bragg, M. (n.d.).Publication year
2020Journal title
PediatricsVolume
146Issue
5AbstractOBJECTIVES: We aimed to determine the frequency with which kid influencers promote branded and unbranded food and drinks during their YouTube videos and assess the nutritional quality of food and drinks shown. METHODS: Researchers used Socialbakers data to identify the 5 most-watched kid influencers (ages 3 to 14 years) on YouTube in 2019. We searched for 50 of their most-watched videos and 50 of their videos that featured food and/or drinks on the thumbnail image of the video. We coded whether kid influencers consumed or played with food or toys, quantified the number of minutes food and/or drinks appeared, and recorded names of branded food and/or drinks. We assessed the nutritional quality of foods using the Nutrient Profile Model and identified the number of drinks with added sugar. RESULTS: A sample of 418 YouTube videos met the search criteria, and 179 of those videos featured food and/or drinks. Food and/or drinks were featured in those videos 291 times. Kid influencers’ YouTube videos were collectively viewed .48 billion times, and videos featuring food and/or drinks were viewed 1 billion times. Most food and/or drinks were unhealthy branded items (n = 263; 90.34%; eg, McDonald’s), followed by unhealthy unbranded items (n = 12; 4.1%; eg, hot dogs), healthy unbranded items (n = 9; 3.1%; eg, fruit), and healthy branded items (n = 7; 2.4%; eg, Yoplait yogurt). CONCLUSIONS: Kid influencers generate millions of impressions for unhealthy food and drink brands through product placement. The Federal Trade Commission should strengthen regulations regarding product placement on YouTube videos featuring young children.Children's Fruit "Juice" Drinks and FDA Regulations : Opportunities to Increase Transparency and Support Public Health
AbstractPomeranz, J. L., & Harris, J. L. (n.d.).Publication year
2020Journal title
American journal of public healthVolume
110Issue
6Page(s)
871-880AbstractObjectives. To compare children's drink products that contain or purport to contain juice and evaluate labels in light of US Food and Drug Administration (FDA) regulations.Methods. In 2019, we analyzed federal law for drinks that contain or purport to contain juice by using LexisNexis and FDA's Web site, identified top-selling children's "juice" drinks in fruit punch flavors, gathered labels in store and online, and extracted data from the principal display and information panels.Results. FDA regulations permit a wide range of names, claims, and fruit vignettes on drinks that contain or purport to contain juice, reflecting the product's flavor and not necessarily its ingredients. We identified 39 brands of children's drinks, including 100% juice (n = 7), diluted juices (n = 11), juice drinks (n = 8), fruit-flavored drinks (n = 8), and flavored waters (n = 5), with nonuniform statements of identity; vitamin C and low-sugar claims; and fruit vignettes representing 19 fruits. Many products contained added sugar and nonnutritive sweeteners but little to no juice.Conclusions. Principal display panels rendered it difficult to differentiate among product types, identify those with added sweeteners, and distinguish healthier products. Revised labeling regulations are warranted to support public health.Climate Change Disinformation, Litigation and the First Amendment
AbstractPomeranz, J. L. (n.d.).Journal title
Journal of Law Medicine and EthicsAbstract~Combatting and Preventing Preemption : A Strategic Action Model
AbstractBare, M., Zellers, L., Sullivan, P. A., Pomeranz, J. L., & Pertschuk, M. (n.d.).Publication year
2019Journal title
Journal of Public Health Management and PracticeVolume
25Issue
2Page(s)
101-103Abstract~Compelled speech under the commercial speech doctrine: the case of menu label laws
AbstractPomeranz, J. L. (n.d.).Publication year
2009Journal title
Journal of Healthcare Law & PolicyPage(s)
159-194Abstract~Consolidated state political party control and the enactment of obesity-related policies in the United States
AbstractPomeranz, J. L., Siddiqi, A., Bolanos, G. J., Shor, J. A., & Hamad, R. (n.d.).Publication year
2017Journal title
Preventive MedicineVolume
105Page(s)
397-403AbstractStates play a key role in addressing obesity and its risk factors through policymaking, but there is variation in state activity nationally. The goal of this study was to examine whether the presence of a consolidated Democratic or Republican “trifecta” – when a state's governorship and both houses of the legislature are dominated by the same political party – or divided government (i.e., without a trifecta) is associated with obesity-related policy content and enactment. In 2016 and 2017, we gathered state bills and laws utilizing the CDC Chronic Disease State Policy Tracking System, and examined the association between state-level political party control and the enactment of state-level obesity-related policies in all states during 2009–2015. The three areas of interest included: policies specifically addressing obesity, nutrition, or physical activity in communities, schools, or workplaces using a public health framework; neutral policies, such as creating government task forces; and policies that employed a business-interest framework (e.g., Commonsense Consumption Acts that prohibit consumer lawsuits against restaurant establishments). Using divided governments as the reference group, we found that states with Democratic trifectas enacted significantly more laws, and more laws with a public health framework. Republican trifecta states enacted more laws related to physical activity, and in some states like Texas, Republican trifectas were exceptionally active in passing policies with a public health framework. States with Republican trifectas enacted a statistically similar amount of laws as states with divided governments. These findings suggest promise across states for obesity-related public health policymaking under a variety of political regimes.