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
Energy drinks: An emerging public health hazard for youth
AbstractPomeranz, J. L., Munsell, C. R., & Harris, J. L. (n.d.).Publication year
2013Journal title
Journal of Public Health PolicyVolume
34Issue
2Page(s)
254-271AbstractEnergy drinks are emerging as a public health threat and are increasingly consumed by youth internationally. Energy drinks contain high levels of caffeine, sugar, and novel ingredients, and are often marketed through youth-oriented media and venues. We review these practices and the current inconsistent state of labeling. We also examine international support for regulation of these products, including a survey showing that 85 per cent of United States parents agreed that regulations requiring caffeine content disclosure and warning labels on energy drinks are warranted. We then examine the regulatory structure for energy drinks in the United States, analyzing legal and self-regulatory strategies to protect consumers, especially youth, from these potentially dangerous products. Recommended government interventions include revised labeling requirements, addressing problematic ingredients, and enacting retail restrictions. We conclude by identifying areas for future research.Local governments and the food system: innovative approaches to public health law and policy
Pomeranz, J. (n.d.).Publication year
2013Journal title
Annals of Health LawVolume
39Issue
4Page(s)
355-372New developments in the law for obesity discrimination protection
AbstractPomeranz, J. L., & Puhl, R. M. (n.d.).Publication year
2013Journal title
ObesityVolume
21Issue
3Page(s)
469-471AbstractBackground: Obese individuals are frequent targets of weight-based discrimination, particularly in the employment setting. Victims of weight discrimination have sought legal restitution like others who have suffered from different forms of discrimination. However, in the vast majority of the United States, body weight is not a protected class and weight-based employment discrimination does not provide a basis for a legal claim. Some have attempted to seek legal recourse under the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990 (collectively, the ADA), which protect against discrimination based on mental or physical disabilities in a variety of settings. Until recently, claims of weight discrimination under the ADA have also been largely unsuccessful. However, Congress recently passed the ADA Amendments Act, expanding the definition of what constitutes a disability and incorporating a broad view of ADA's coverage. Objective: This short communication provides an update of the law as it relates to employment based discrimination of obese people. The authors propose a legislative direction for future legal recourse. Design and Methods: The authors conducted legal research into the ADA Amendments Act, and synthesized this work relating to discrimination against weight in the employment context. Results: In light of the ADA Amendments Act, courts and the Equal Employment Opportunity Commission have provided protection for severely obese people from discrimination based on actual or perceived disability in the employment context. Conclusion: The authors discuss this positive legal development and additionally propose a targeted solution to address weight discrimination in the employment setting. National polling suggests there is considerable public support for such a measure. The authors thus recommend the implementation of a "Weight Discrimination in Employment Act" modeled after the Age Discrimination in Employment Act to adequately address this pervasive and damaging injustice toward individuals who are affected by obesity.Over-the-counter and out-of-control: Legal strategies to protect youths from abusing products for weight control
AbstractPomeranz, J. L., Taylor, L. M., & Bryn Austin, S. (n.d.).Publication year
2013Journal title
American journal of public healthVolume
103Issue
2Page(s)
220-225AbstractAbuse of widely available, over-the-counter drugs and supplements such as laxatives and diet pills forweight control by youths is well documented in the epidemiological literature. Many such products are not medically recommended for healthyweight control or are especially susceptible to abuse, and their misuse can result in serious health consequences. We analyzed the government's role in regulating these products to protect public health. We examined federal and state regulatory authority, and referred to international examples to inform our analysis. Several legal interventions are indicated to protect youths, including increased warnings and restrictions on access through behindthe- counter placement or age verification. We suggest future directions for governments internationally to address this pervasive public health problem.Taxing food and beverage products: a public health perspective and a new strategy for prevention
Pomeranz, J. (n.d.).Publication year
2013Journal title
University of Michigan Journal of Law ReformVolume
46Issue
3Page(s)
999-1027Advanced 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.Extending the fantasy in the supermarket: where unhealthy food promotions meet children and how the government can intervene
Pomeranz, J. (n.d.).Publication year
2012Journal title
Indiana Health Law ReviewPage(s)
117-185Legal Implications: Regulating Sales and Marketing
Brownell, K. D., Gold, M. S., & Pomeranz, J. (n.d.). In Handbook of Food and Addiction (1st ed., 1–).Publication year
2012Page(s)
406-410No need to break new ground: a response to the Supreme Court’s threat to overhaul the commercial speech doctrine.
Pomeranz, J. (n.d.).Publication year
2012Journal title
Loyola of Los Angeles Law ReviewPage(s)
389-434Pomeranz responds
Pomeranz, J. L. (n.d.). In American journal of public health (1–).Publication year
2012Volume
102Page(s)
S6Portion sizes and beyond - Government's legal authority to regulate food-industry practices
Pomeranz, J. L., & Brownell, K. D. (n.d.).Publication year
2012Journal title
New England Journal of MedicineVolume
367Issue
15Page(s)
1383-1385The bittersweet truth about sugar labeling regulations: They are achievable and overdue
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
American journal of public healthVolume
102Issue
7Page(s)
E14-E20AbstractThe recent Institute of Medicine recommendation to the Food and Drug Administration to include added sugar in a new front-of-package system provides new justification for reviewing outdated regulations pertinent to sugar and analyzing whether the government's previous resistance to sugar labeling remains valid given new and robust science. I have provided an overview of US sugar consumption, its public health implications, and the science related to added sugar detection. I reviewed US and international sugar intake recommendations and suggested revised regulations to better inform and protect consumers. I concluded by noting new directions in the area of sugar research for future public health policy.The wheels on the bus go "buy buy buy": School bus advertising laws
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
American journal of public healthVolume
102Issue
9Page(s)
1638-1643AbstractSchool buses, a practical necessity for millions of children, are at the center of new efforts to raise revenue. School bus advertising laws bring public health and commercialization concerns to the school setting. In doing so, they potentially expose school districts to First Amendment lawsuits. I examined various school bus advertising bills and laws. I reviewed First Amendment "forum analysis" as applied in the transit and school settings to clarify how this legal test may affect school districts subject to such laws. I have made recommendations for school districts to enact appropriate policies to ensure that such advertising does not undermine public health and to enable the districts to maintain control over their property.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.Federal Trade Commission's authority to regulate marketing to children: deceptive vs. unfair rulemaking.
AbstractPomeranz, J. L. (n.d.).Publication year
2011Journal title
Health matrix (Cleveland, Ohio : 1991)Volume
21Issue
2Page(s)
521-553AbstractFood and beverage marketing directed at children is of increasing concern to the public health and legal communities. The new administration at the Federal Trade Commission and abundant science on the topic make it a particularly opportune time for the government to reconsider regulating marketing directed at youth. This Article analyzes the Commission's authority to regulate food and beverage marketing directed at children under its jurisdiction over unfair and deceptive acts and practices to determine which avenue is most viable. The author finds that the Federal Trade Commission has the authority to regulate deceptive marketing practices directed at vulnerable populations. Although the Commission can issue individual orders, its remedial power to initiate rules would better address the pervasiveness of modern marketing practices. The Commission does not currently have the power to regulate unfair marketing to children; however, even if Congress reinstated this authority, the Commission's authority over deceptive marketing may be preferable to regulate these practices. Deceptive communications are not protected by the First Amendment and the deceptive standard matches the science associated with marketing to children. The Federal Trade Commission has the authority to initiate rulemaking in the realm of food and beverage marketing to children as deceptive communications in interstate commerce, in violation of the Federal Trade Commission Act. However, to effectuate this process, Congress would need to grant the Commission the authority to do so under the Administrative Procedures Act.Front-of-package food and beverage labeling: New directions for research and regulation
Pomeranz, J. L. (n.d.).Publication year
2011Journal title
American journal of preventive medicineVolume
40Issue
3Page(s)
382-385The unique authority of state and local health departments to address obesity
AbstractPomeranz, J. L. (n.d.).Publication year
2011Journal title
American journal of public healthVolume
101Issue
7Page(s)
1192-1197AbstractThe United States has 51 state health departments and thousands of local health agencies. Their size, structure, and authority differ, but they all possess unique abilities to address obesity. Because they are responsible for public health, they can take various steps themselves and can coordinate efforts with other agencies to further health in all policy domains. I describe the value of health agencies' rule-making authority and clarify this process through 2 case studies involving menu-labeling regulations. I detail rule-making procedures and examine the legal and practical limitations on agency activity. Health departments have many options to effect change in the incidence of obesity but need the support of other government entities and officials.Television food marketing to children revisited: The federal trade commission has the constitutional and statutory authority to regulate
AbstractPomeranz, J. L. (n.d.).Publication year
2010Journal title
Journal of Law, Medicine and EthicsVolume
38Issue
1Page(s)
98-116AbstractThe evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original attempt to regulate marketing to children in the 1970s (termed KidVid), the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject.The Role of United States Law to Prevent and Control Childhood Obesity
AbstractPomeranz, J. L. (n.d.). In Global Perspectives on Childhood Obesity (1–).Publication year
2010Page(s)
455-461AbstractIn the United States, 32% of children are overweight, 16% of children are obese, and 11% are extremely obese. Since 1980, the prevalence of childhood obesity has tripled, making this generation the first expected to have a shorter life expectancy than that of their parents. Serious action is needed on multiple levels and across various sectors to address this public health crisis. Public health experts, including those at the Centers for Disease Control (CDC) and the Institute of Medicine (IOM), recommend policy changes at the environmental level to address obesity in the United States. Change is required in several settings, including communities, schools, childcare, worksites, and healthcare facilities. The government can facilitate and support such changes by enacting legislation and regulation at the federal, state, tribal, and local levels. There is an emerging understanding that health needs to be considered in all policies in order to address health disparities in general and the significant public health issue of obesity. Government agencies whose primary mission does not necessarily include health can positively influence public health by considering the impact their policy making has on health. The federal government has concrete opportunities to do this in the upcoming years.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.Assessing laws and legal authorities for obesity prevention and control
Gostin, L. O., Pomeranz, J. L., Jacobson, P. D., & Gottfried, R. N. (n.d.).Publication year
2009Journal title
Journal of Law, Medicine and EthicsVolume
37Page(s)
28-36Compelled speech under the commercial speech doctrine: the case of menu label laws
Pomeranz, J. (n.d.).Publication year
2009Journal title
Journal of Healthcare Law & PolicyPage(s)
159-194Improving laws and legal authorities for obesity prevention and control
Pomeranz, J. L., & Gostin, L. O. (n.d.).Publication year
2009Journal title
Journal of Law, Medicine and EthicsVolume
37Page(s)
62-75Innovative legal approaches to address obesity
AbstractPomeranz, J. L., Teret, S. P., Sugarman, S. D., Rutkow, L., & Brownell, K. D. (n.d.).Publication year
2009Journal title
Milbank QuarterlyVolume
87Issue
1Page(s)
185-213AbstractContext: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways.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
16Page(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.