Monsanto v. Durnell · ¶158

The majority claims that adding a cancer warning would not be a “minor” modification. Ante, at 10–11, n. 5. For support, it relies on the regulation that requires the EPA’s approval for “‘statements pertaining to the hazards of the product.’” Ibid. (quoting §156.70(c)). But that regulation does not apply to chronic conditions like cancer. See supra, at 6, and n. 4. The prior-approval requirement for hazard and precautionary statements says nothing about whether cancer warnings also need prior approval from the EPA.

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