Monsanto v. Durnell · ¶160

The majority claims that adding a cancer warning would not be a “minor” modification. Ante, at 384–385, 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 403–404, 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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