California Residents

Your packing list will contain the following statement:

Prop 65 Warning: The following products may contain a chemical(s) known to the state of California to cause cancer, birth defects and other reproductive harm.

Here is the explanation for it:

Proposition 65 in California requires that certain businesses provide California residents with warnings when products contain chemicals known to the state of California to cause cancer, birth defects and other reproductive harm above certain levels.

Funtober is currently not required by law to include the notice as the law only applies to businesses with more than ten employees. Your costumes are purchased from major manufacturers and/or suppliers who we have every reason to believe comply fully with federal law in this area. However, we do care about your safety. We want to encourage California residents (and anyone else) to seek additional information from the costume manufacturer if you have concerns about the safety of your particular costume.

Items that we sell that would generate a Proposition 65 warning from a company with more employees when sold online or in person include: anything with vinyl, leather, zippers, certain color dyes, cosmetics, jewelry and electrical wiring.

You probably encounter this warning on a daily basis. Starbucks posts Proposition 65 notices in its California stores that their coffee and baked goods may cause cancer (according to this article in the Ecommerce Times). I expect major retailers also post Proposition 65 warning in their stores, due to lawsuits over handbags, cosmetics, and clothing zippers. The list of chemicals included is extensive.

Product safety organizations in California buy products from businesses and sue if they have not fully complied with the law. Defending against a Proposition 65 lawsuit is expensive. We cannot possibly test every item that we sell for compliance with the law. As we do not manufacture the costumes, we can’t ensure that the manufacturing process complies with California’s standards (much stricter than federal law). I also can’t afford to be sued for failure to include a 25 word warning.

The law provides an extensive safe harbor for businesses that warn California consumers. So we warn you. We have no specific information that your costume is unsafe. However, due to the extensive list of chemicals on the California list, and the existence of zippers and vinyl on costumes and accessories, you should contact the manufacturer for information if you are concerned.

We are sorry that we had to be the bearer of this information. If you did not see this notice, and would like to return your costume due to the warning, I would be happy to take it back and refund your money in full.

If you would like to read more about the law, please visit:
The California Office of Environmental Health Hazard Assessment

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