Brimer v. EVGA Corporation, et al.

On March 7, 2008, the Alameda County Superior Court entered a Consent Judgment in Brimer v. EVGA Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants EVGA Corporation and Evga.com Corporation (collectively "Evga") sold motherboards with solder containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Evga agreed not to sell any motherboards in California after October 10, 2007, unless the motherboards are sold or shipped with Proposition 65 warnings or contain no more than .1% of lead by weight in each solder material (unless the material is embedded in a manner that a consumer or worker would not ordinarily come into contact with the lead during reasonably foreseeable use). Additionally, in a good faith gesture, Evga agreed to provide a Proposition 65 warning on its website for three years to minimize the risk of exposure to lead from motherboards sold before October 20, 2006. Due to Evga's prompt cooperation during the settlement process and commitment to reformulation, Brimer agreed to waive a portion of the civil fine. Should Evga complete the optional penalty reductions outlined in Section 3.1 of the Consent Judgment, Brimer agreed to waive an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $75,000, to be divided therein between civil penalties, 75% of which are paid to California's 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.