Brimer v. G.B.T. Inc., et al.

The Alameda County Superior Court entered a Consent Judgment in Brimer v. G.B.T. Inc., et al., on April 5, 2007, which resolved citizen enforcer Russell Brimer's allegations that defendants G.B.T. Inc. and Giga-Byte Technology Co., Ltd. (collectively "Giga-Byte") 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, Giga-Byte agreed not to sell any motherboards in California after January 1, 2007, unless the motherboards have Proposition 65 warnings provided or contain no more than .1% of lead by weight in each solder material when analyzed using state or federally approved testing methodologies. All motherboards sold by Giga-Byte in California shall qualify as reformulated by December 31, 2008. Additionally, in a good faith effort to warn the public about the risk of exposure to lead in motherboards sold before January 1, 2007, Giga-Byte shall provide a Proposition 65 warning on its website for three years. Due to Giga-Byte's prompt cooperation during the settlement process, Brimer agreed to waive a portion of the civil fine. As incentive for reformulation, Brimer agreed to potentially waive another portion of the civil penalties pursuant to Section 3.1 of the Consent Judgment.

The Consent Judgment requires settlement payments of $78,500, 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.