Brimer v. Cyberguys, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. Cyberguys, Inc., et al. on June 29, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant Cyberguys, Inc. ("Cyberguys") manufactured, sold, and/or distributed certain computer repair toolkits with solder containing lead in the State of California without providing the requisite health hazard warnings. The products covered in this case are computer repair toolkits with solder containing lead, manufactured, sold, and/or distributed by Cyberguys, including, but not limited to, the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after March 21, 2005, Cyberguys shall not offer for sale any covered product containing lead, unless the product bears Proposition 65 warnings pursuant to Section 1 of the Consent Judgment.

The Consent Judgment requires settlement payments of $52,850, divided therein between civil penalties, 75% of which are paid to California Office of Environmental Health Hazard Assessment and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest. However, as incentive for reformulation, Brimer agreed to the potential penalty reductions pursuant to Section 2 of the Consent Judgment.