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
State preemption : A significant and quiet threat to public health in the United States
AbstractPomeranz, J. L., & Pertschuk, M. (n.d.).Publication year
2017Journal title
American journal of public healthVolume
107Issue
6Page(s)
900-902AbstractState and local governments traditionally protect the health and safety of their populations more strenuously than does the federal government. Preemption, when a higher level of government restricts or withdraws the authority of a lower level of government to act on a particular issue, was historically used as a point of negotiation in the legislative process. More recently, however, 3 new preemption-related issues have emerged that have direct implications for public health. First, multiple industries are working on a 50-state strategy to enact state laws preempting local regulation. Second, legislators supporting preemptive state legislation often do not support adopting meaningful state health protections and enact preemptive legislation to weaken protections or halt progress. Third, states have begun adopting enhanced punishments for localities and individual local officials for acting outside the confines of preemption. These actions have direct implications for health and cover such topics as increased minimum wages, paid family and sick leave, firearm safety, and nutrition policies. Stakeholders across public health fields and disciplines should join together in advocacy, action, research, and education to support and maintain local public health infrastructures and protections.State Preemption : An Emerging Threat to Local Sugar-Sweetened Beverage Taxation
AbstractCrosbie, E., Pomeranz, J. L., Wright, K. E., Hoeper, S., & Schmidt, L. (n.d.).Publication year
2021Journal title
American journal of public healthVolume
111Issue
4Page(s)
677-686AbstractWe sought to examine the strategies promoting and countering state preemption of local sugar-sweetened beverage (SSB) taxes in the United States. Using Crosbie and Schmidt's tobacco preemption framework, we analyzed key tactics used by the SSB industry to achieve state preemption of local taxes identified in news sources, industry Web sites, government reports, and public documents.Starting in 2017, 4 states rejected and 4 passed laws preempting local SSB taxes. The beverage industry attempted to secure state preemption through front groups and trade associations, lobbying key policymakers, inserting preemptive language into other legislation, and issuing legal threats and challenges. The public health community's response is in the early stages of engaging in media advocacy, educating policymakers, mobilizing national collaboration, and expanding legal networks.State preemption of local SSB taxes is in the early stages but will likely scale up as local tax proposals increase. The public health community has a substantial role in proactively working to prevent preemption concurrent with health policy activity and using additional strategies successfully used in tobacco control to stop preemption diffusion.State Preemption : Threat to Democracy, Essential Regulation, and Public Health
AbstractPomeranz, J. L., Zellers, L., Bare, M., Sullivan, P. A., & Pertschuk, M. (n.d.).Publication year
2019Journal title
American journal of public healthVolume
109Issue
2Page(s)
251-252Abstract~State Preemption of Consumer Merchandise and Beverage Containers : New Strategy to Preempt Sugar-Sweetened Beverage Policies?
AbstractPomeranz, J. L., & Mozaffarian, D. (n.d.).Publication year
2022Journal title
Journal of Public Health Management and PracticeVolume
28Issue
3Page(s)
222-232AbstractState legislators passed laws preempting, or prohibiting, local governments from regulating beverage containers. Although the primary purpose of these laws may be to ban local environmental regulations addressing single-use plastics, it is unknown the extent they also preempt public health policies aimed at reducing sugar-sweetened beverage consumption. In 2021, using LexisNexis, we assessed state legislation preempting local control over consumer merchandise and containers. We identified 8 laws (and 16 failed bills) with broad language preempting local regulation of the sale, use, or marketing of multiple container types, including beverage containers. Most legislative activity occurred during 2016-2021, with legislative intent to avoid a "patchwork" of local laws, avoid burdening retailers, and have a "refreshing drink." Local policy control was characterized as "personal choice." Broad preemption language may stifle local policy making aimed at reducing sugar-sweetened beverage consumption and preempt public health policies such as restricting portion size, in-store promotion and display, and labeling measures.State Preemption of Food and Nutrition Policies and Litigation : Undermining Government's Role in Public Health
AbstractPomeranz, J. L., Zellers, L., Bare, M., & Pertschuk, M. (n.d.).Publication year
2019Journal title
American journal of preventive medicineVolume
56Issue
1Page(s)
47-57AbstractIntroduction: In the U.S., federal, state, and local governments have various legal tools to support public health and prevent diet-related disease, including enacting policy and bringing lawsuits against businesses that produce harm-causing products. Yet, states preempt, or limit, government's authority to enact public health policies or initiate litigation. Methods: In 2018, research was conducted to find state laws enacted through March 16, 2018, using state legislatures’ websites, LexisNexis, UConn Rudd Center's Legislative Database, Centers for Disease Control and Prevention Chronic Disease State Policy Tracking System, and the Internet, that preempt local food and nutrition policies including their legislative histories; and preempt lawsuits related to food consumption and chronic disease (e.g., Commonsense Consumption Acts), including explicitly preempting government activity. Results: Between 2008 and March 16, 2018, 12 states enacted 13 preemptive laws on nutrition labeling, content or “criteria”; consumer incentive items; “food-based health disparities”; sale, distribution, or serving of food and beverages; portion size; food safety; menus; taxes; and “marketing.” Between 2003 and 2013, 26 states enacted laws preempting lawsuits claiming long-term food consumption causes obesity and diet-related disease; of these, ten states explicitly preempt such litigation by the government and five explicitly preempt laws providing litigation as a remedy. Conclusions: State preemption may hinder public health progress by impeding local food and nutrition policies and government-initiated litigation. Local governments are in a prime position to address fundamental concerns, such as reduction of health disparities, the provision of nutrition information, access to healthy food, and the cost of unhealthy food. Government-initiated litigation could potentially support broader policy changes.States variations in the provision of bariatric surgery under affordable care act exchanges
AbstractYang, Y. T., & Pomeranz, J. L. (n.d.).Publication year
2015Journal title
Surgery for Obesity and Related DiseasesVolume
11Issue
3Page(s)
715-720AbstractThe Affordable Care Act (ACA) attempts to reduce healthcare costs while simultaneously providing the means for more Americans to obtain health insurance. Among other things, the ACA expands preventative care for obesity by mandating screening and counseling. However, it permits the states to determine whether to mandate treatments for inclusion in plans offered on the state-run exchanges. Bariatric surgery is a highly cost-effective treatment for obesity, yet states have taken varying stances on whether to mandate its inclusion. In light of the rising cost of obesity and resulting burden placed on the federal government and the economy, this article advocates a comparable mandatory inclusion of bariatric surgery in all plans offered on state and federally run exchanges.Sugar-sweetened beverage taxation in the USA, state preemption of local efforts
AbstractPomeranz, J. L., & Pertschuk, M. (n.d.).Publication year
2019Journal title
Public Health NutritionVolume
22Issue
1Abstract~Sugar-Sweetened Beverage Warning Policies in the Broader Legal Context : Health and Safety Warning Laws and the First Amendment
AbstractPomeranz, J. L., Mozaffarian, D., & Micha, R. (n.d.).Publication year
2020Journal title
American journal of preventive medicineVolume
58Issue
6Page(s)
783-788AbstractIntroduction: Health and safety warnings are a regular part of the consumer protection landscape. However, the only sugar-sweetened beverage policy passed to date was found unconstitutional under the First Amendment. This paper evaluates sugar-sweetened beverage warning policies in light of existing health and safety warnings on consumer products and the First Amendment. Methods: In 2019, using LexisNexis, existing federal, state, and local health and safety warning laws for consumer products were identified. Then, bills proposed and laws passed through July 2019 that required sugar-sweetened beverage warnings were examined. Finally, First Amendment case law related to warning and disclosure requirements was analyzed to identify outstanding questions about the constitutionality of sugar-sweetened beverage warning policies. Results: Warnings on consumer products provide key examples of long-established health and safety warning language, rationales for passage, and formatting requirements. Between 2011 and 2019, a total of 9 jurisdictions proposed 28 bills (including 1 law by San Francisco) requiring sugar-sweetened beverage warnings on labels, advertisements, and at point of sale. This analysis highlighted outstanding First Amendment questions on permissible wording and formatting requirements and the need for evidence and rationales that focus on specific health harms of sugar-sweetened beverages. Warnings on labels and at point of sale may pose fewer First Amendment concerns than on advertisements. Conclusions: Sugar-sweetened beverage warning policies that mirror health and safety warnings long established as permissible on other consumer products should be considered constitutional; however, evolving First Amendment jurisprudence leaves outstanding questions, especially on the interpretation of controversy, formatting requirements, and levels of required specificity for warning language.Sugary beverage tax policy : Lessons learned from tobacco
AbstractPomeranz, J. L. (n.d.).Publication year
2014Journal title
American journal of public healthVolume
104Issue
3Page(s)
e13-e15AbstractExcise taxes on sugary beverages have been proposed as a method to replicate the public health success of tobacco control and to generate revenue. As policymakers increase efforts to pass sugary beverage taxes, they cananticipate thatmanufacturers will emulate the strategies employed by tobacco companies in their attempts to counteract the impact of such taxes. Policymakers should therefore consider 2 complementary laws-minimum price laws and prohibitions on coupons and discounting-to accomplish the intended price increase.Supplemental nutrition assistance program data : Why disclosure is needed
AbstractPomeranz, J. L. (n.d.).Publication year
2019Journal title
American journal of public healthVolume
109Issue
12Page(s)
1659-1663AbstractThe Supplemental Nutrition Assistance Program(SNAP)provides funding to low-income households to purchase food at participating stores. The goals of the program include reducing hunger, improving nutrition, and strengthening the US food system. These are interrelated, as food access and choice depend on availability. SNAP generates data that could be useful for program evaluation and evidence-based policymaking to reach public health goals. However, the US Department of Agriculture (USDA) does not collect or disclose all SNAPrelated data. In particular, the USDA does not systematically collect food expenditure data, and although it does collect transaction (sales) and redemption data (the amount retailers are reimbursed through SNAP), it does not release these data at the store level. In 2018, Congress quietly changed the law to prohibit the USDA from disclosing storelevel transaction and redemption data, and in 2019, the US Supreme Court blocked disclosure of these data. These federal proceedings can informthe outcome of additional efforts to disclose SNAP-related data, as well as future research and policy evaluation to support improved public health outcomes for SNAP beneficiaries.Supplemental Nutrition Assistance Program Reform:: Retail Requirements, Eligible Foods
AbstractPomeranz, J. L. (n.d.).Publication year
2017Journal title
American journal of preventive medicineVolume
52Issue
1Page(s)
130-133Abstract~Taxing food and beverage products: a public health perspective and a new strategy for prevention
AbstractPomeranz, J. L. (n.d.).Publication year
2013Journal title
University of Michigan Journal of Law ReformVolume
46Issue
3Page(s)
999-1027Abstract~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 affordable care act and state coverage of clinical preventive health services for working-age adults
AbstractPomeranz, J. L., & Yang, Y. T. (n.d.).Publication year
2015Journal title
Journal of Public Health Management and PracticeVolume
21Issue
1Page(s)
87-95AbstractSignificant public health challenges facing the United States stem from preventable disease. The Patient Protection and Affordable Care Act dedicated substantial resources toward prevention. Among other reforms, the Affordable Care Act requires Medicaid and private health insurers to cover clinical preventive services for adults, pursuant to recommendations by the U.S. Preventive Service Task Force. This article examines the infrastructure upon which these recommendations are based, the requirements related to risk factors for leading causes of preventable disease in adults associated with tobacco and alcohol use, unhealthy diet, and inactivity, and coverage requirements for private plans and Medicaid. The article provides and assesses data comparing the health statuses of populations in and preventive services offered by states taking the Affordable Care Act Medicaid expansion versus those in states declining to expand coverage. The article suggests legislative and other methods to increase preventive clinical service requirements and notes outstanding issues for future research.The 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 concerning lack of Food and Drug Administration oversight over added substances in the food supply
AbstractPomeranz, J. L. (n.d.).Publication year
2023Abstract~The dangerousmix of adolescents and dietary supplements forweight loss andmuscle building : Legal strategies for state action
AbstractPomeranz, J. L., Barbosa, G., Killian, C., & Austin, S. B. (n.d.).Publication year
2015Journal title
Journal of Public Health Management and PracticeVolume
21Issue
5Page(s)
496-503AbstractAdolescents use dietary supplements marketed for weight loss or muscle building, but these are not recommended by physicians. These products are often ineffective, adulterated, mislabeled, or have unclear dosing recommendations, and consumers have suffered injury and death as a consequence. When Congress passed the Dietary Supplement Health and Education Act, it stripped the Food and Drug Administration of its premarket authority, rendering regulatory controls too weak to adequately protect consumers. State government intervention is thus warranted. This article reviews studies reporting on Americans' use of dietary supplements marketed for weight loss or muscle building, notes the particular dangers these products pose to the youth, and suggests that states can build on their historical enactment of regulatory controls for products with potential health consequences to protect the public and especially young people from unsafe and mislabeled dietary supplements.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 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~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
AbstractLou, Z., Yi, S. S., Pomeranz, J. L., 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
2022Journal title
Journal of Urban HealthAbstractLow 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.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.The Impact of Toddler Milk Claims on Beliefs and Misperceptions : A Randomized Experiment with Parents of Young Children
AbstractRichter, A. P., Duffy, E. W., Smith Taillie, L., Harris, J. L., Pomeranz, J. L., & Hall, M. G. (n.d.).Publication year
2022Journal title
Journal of the Academy of Nutrition and DieteticsVolume
122Issue
3Page(s)
533-540.e3AbstractBackground: Toddler milk (ie, a nutrient-fortified milk-based drink marketed for children aged 12 to 36 months) has been marketed increasingly in the United States with structure/function claims on product packaging that are potentially misleading. Objective: This study examined how structure/function claims impact parents’ beliefs and perceptions about a toddler milk product. Design: This was a 3-arm between-subjects randomized experiment. Participants: A diverse sample of 2,190 US parents of children aged 1 to 5 years were chosen to take an online survey. Intervention: Participants were randomly assigned to view a toddler milk package with either an unrelated claim (“new and improved,” ie, control condition), a “brain development” claim (ie, “brain” claim), or an “immunity-related” claim (ie, “immunity” claim). Main outcome measures: Outcomes included perceptions, intentions, and beliefs about the toddler milk product. Statistical analyses performed: Linear regression for continuous outcomes and logistic regression for dichotomous outcomes. Results: Parents who were exposed to the “brain” claim or the “immunity” claim were more likely to incorrectly believe that the toddler milk was as healthy or healthier than cow's milk compared with those who saw the control claim (89% for brain claim, 87% for immunity claim, and 79% for control; PThe Impact of ‘Food Addiction’ on Food Policy
AbstractPomeranz, J. L., & Roberto, C. A. (n.d.).Publication year
2014Journal title
Current Addiction ReportsVolume
1Issue
2Page(s)
102-108Abstract~The interplay of public health law and industry self-regulation : The case of sugar-sweetened beverage sales in schools
AbstractMello, M. M., Pomeranz, J. L., & Moran, P. (n.d.).Publication year
2008Journal title
American journal of public healthVolume
98Issue
4Page(s)
595-604AbstractIt is increasingly recognized that sugar-sweetened beverage consumption contributes to childhood obesity. Most states have adopted laws that regulate the availability of sugarsweetened beverages in school settings. However, such policies have encountered resistance from consumer and parent groups, as well as the beverage industry. The beverage industry's recent adoption of voluntary guidelines, which call for the curtailment of sugar-sweetened beverage sales in schools, raises the question, Is further policy intervention in this area needed, and if so, what form should it take? We examine the interplay of public and private regulation of sugar-sweetened beverage sales in schools, by drawing on a 50-state legal and regulatory analysis and a review of industry self-regulation initiatives.The need for public policies to promote healthier food consumption : A comment on Wansink and Chandon (2014)
AbstractRoberto, C. A., Pomeranz, J. L., & Fisher, J. O. (n.d.).Publication year
2014Journal title
Journal of Consumer PsychologyVolume
24Issue
3Page(s)
438-445AbstractCurrent approaches to addressing obesity have fallen short. This is largely due to the many environmental forces that undermine people's self-regulatory capacity to be personally responsible for their food choices. Novel insights from the social sciences are needed to inform voluntary, health-promoting actions by companies, institutions, and citizens as well as the design of public health policies. Voluntary interventions that rely on nudges should complement traditional public health strategies such as taxation and restriction of child-targeted marketing in schools. In this commentary, we discuss four food policy issues that would benefit from consumer psychology research: (a) the restriction of food marketing to children, (b) provision of nutrition information through food labels, (c) improving school food environments, and (d) placing limits on portion sizes. Identifying effective solutions for obesity will require approaches that integrate psychological, public health, and legal perspectives and methods.