DiPirro v. ASUS Computer International, et al.

On June 17, 2008, citizen enforcer Michael DiPirro and settling defendant ASUS Computer International ("ASUS") entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that ASUS 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, ASUS agreed not to sell any motherboards in California after July 15, 2008, unless the motherboards 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 ordinarily would not come into contact with the lead). The motherboards existing in inventory may be sold with Proposition 65 warnings. Additionally, in a good faith effort to warn consumers about the risk of exposure to lead in motherboards sold before July 15, 2008, ASUS shall provide a Proposition 65 warning on its web page for one year. Due to ASUS's prompt cooperation during the settlement process, DiPirro agreed to credit a portion of the civil fine. Should ASUS complete the optional penalty reductions outlined in Section 3.1 of the Consent Judgment, DiPirro agreed to waive an additional portion of the civil fine.

The Settlement Agreement requires settlement payments of $48,000, 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.