DiPirro v. Advanced Micro Devices, Inc. and ATI Technologies Systems Corporation, et al.

On December 16, 2008, the Alameda County Superior Court entered a Consent Judgment in DiPirro v. Advanced Micro Devices, Inc.; ATI Technologies Systems Corporation, which resolved citizen enforcer Michael DiPirro's allegations that the defendants Advanced Micro Devices, Inc. ("AMD") and ATI Technologies Systems Corporation ("ATI") sold TV tuner cards with solder containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, AMD and ATI agreed not to sell any TV tuner cards with solder in California after January 1, 2008, unless the tuner cards contain no more than .1% lead by weight in each solder material (unless the material is embedded in a manner that a consumer or worker would not come into contact with the lead during reasonably foreseeable use) when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided. Due to AMD's and ATI's prompt cooperation and commitment to reformulation, DiPirro agreed to credit a portion of the civil fine that would otherwise be applied. Should AMD and ATI submit a report to DiPirro detailing their efforts to remove lead from the TV tuner cards by February 1, 2008, DiPirro agreed to waive an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $69,000, 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 DiPirro and his counsel for their successful enforcement of this matter in the public interest.