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
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 Supplemental Nutrition Assistance Program : Analysis of Program Administration and Food Law Definitions
AbstractPomeranz, J. L., & Chriqui, J. F. (n.d.).Publication year
2015Journal title
American journal of preventive medicineVolume
49Issue
3Page(s)
428-436AbstractUnder the current version of the Supplemental Nutrition Assistance Program (SNAP), participants can purchase virtually any food or beverage (collectively, food). Research indicates that SNAP recipients may have worse dietary quality than income-eligible nonparticipants. Policymakers have urged the U.S. Department of Agriculture (USDA) to pilot SNAP purchasing restrictions intended to support a healthier diet, and state legislators have proposed similar bills. The USDA rejected these invitations, stating that it would be administratively and logistically difficult to differentiate among products, amid other concerns. However, the USDA's Dietary Guidelines for Americans and the Supplemental Nutrition Program for Women, Infants, and Children (WIC) do just that. Further, state governments define and differentiate among foods and beverages for tax purposes. This paper reviews several factors intended to inform future policy decisions: the science indicating that SNAP recipients have poorer diet quality than income-eligible nonparticipants; the public's support for revising the SNAP program; federal, state, and city legislators' formal proposals to amend SNAP based on nutrition criteria and the USDA's public position in opposition to these proposals; state bills to amend eligible foods purchasable with SNAP benefits; state retail food tax laws; and the retail administration and program requirements for both WIC and SNAP. The paper finds that the government has a clear ability to align SNAP benefits with nutrition science and operationalize this into law.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~Litigation to Address Misleading Food Label Claims and the Role of the State Attorneys General
AbstractPomeranz, J. L. (n.d.).Publication year
2014Journal title
Regent University Law ReviewPage(s)
421-455Abstract~Making the workplace a more effective site for prevention of noncommunicable diseases in adults
AbstractTryon, K., Bolnick, H., Pomeranz, J. L., Pronk, N., & Yach, D. (n.d.).Publication year
2014Journal title
Journal of Occupational and Environmental MedicineVolume
56Issue
11Page(s)
1137-1144AbstractObjective: Efforts to realize the potential of disease prevention in the United States have fallen behind those of peer countries, and workplace disease prevention is a major gap. This article investigates the reasons for this gap.Methods: Literature review and expert discussions.Results: Obstacles to effective use of workplace disease prevention include limited leadership and advocacy, poor alignment of financial incentives, limitations in research quality and investment, regulation that does not support evidence-based practice, and a dearth of community-employer partnerships.Conclusions: We make recommendations to address these obstacles, such as the inclusion of health metrics in corporate reporting, making the workplace a central component of the strategy to combat the effect of noncommunicable diseases, and linking prevention directly benefit businesses' bottom lines.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.The 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 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.The trans-fat ban - Food regulation and long-term health
AbstractBrownell, K. D., & Pomeranz, J. L. (n.d.).Publication year
2014Journal title
New England Journal of MedicineVolume
370Issue
19Page(s)
1773-1775Abstract~Workplace wellness programs : How regulatory flexibility might undermine success
AbstractPomeranz, J. L. (n.d.).Publication year
2014Journal title
American journal of public healthVolume
104Issue
11Page(s)
2052-2056AbstractThe Patient Protection and Affordable Care Act revised the law related to workplace wellness programs, which have become part of the nation's broader health strategy. Health-contingent programs are required to be reasonably designed. However, the regulatory requirements are lax and might undermine program efficacy in terms of both health gains and financial return. I propose a method for the government to support a best-practices approach by considering an accreditation or certification process. Additionally I discuss the need for program evaluation and the potential for employers to be subject to litigation if programs are not carefully implemented.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.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.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
AbstractPomeranz, J. L. (n.d.).Publication year
2013Journal title
Annals of Health LawVolume
39Issue
4Page(s)
355-372Abstract~New 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.New 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
AbstractPomeranz, J. L. (n.d.).Publication year
2013Journal title
University of Michigan Journal of Law ReformVolume
46Issue
3Page(s)
999-1027Abstract~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.Extending the fantasy in the supermarket: where unhealthy food promotions meet children and how the government can intervene
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
Indiana Health Law ReviewPage(s)
117-185Abstract~Legal Implications: Regulating Sales and Marketing
AbstractBrownell, K. D., Gold, M. S., & Pomeranz, J. L. (n.d.). (1st ed.).Publication year
2012Page(s)
406-410Abstract~No need to break new ground: a response to the Supreme Court’s threat to overhaul the commercial speech doctrine.
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
Loyola of Los Angeles Law ReviewPage(s)
389-434Abstract~Pomeranz responds
AbstractPomeranz, J. L. (n.d.).Publication year
2012Journal title
American journal of public healthVolume
102Issue
SUPPL. 1Page(s)
S6Abstract~Portion sizes and beyond - Government's legal authority to regulate food-industry practices
AbstractPomeranz, J. L., & Brownell, K. D. (n.d.).Publication year
2012Journal title
New England Journal of MedicineVolume
367Issue
15Page(s)
1383-1385Abstract~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.