DiPirro v. Best Data Products, Inc. dba Diamond Multimedia

On March 2, 2009, the Alameda County Superior Court entered a Consent Judgment in DiPirro v. Best Data Products, Inc., which resolved citizen enforcer Michael DiPirro's allegations that the defendant Best Data Products, Inc. dba Diamond Multimedia ("Best Data") sold modem cards with solder and products into which modem cards are integrated containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Best Data agreed not to sell any modem cards or products into which modem cards are integrated in California after June 15, 2008, unless the modem cards and products into which modem cards are integrated contain no more than .1% of lead by weight in each solder material (unless the material is embedded in a manner so that a consumer or worker would not come into contact with lead during any reasonably anticipated use) or have Proposition 65 warnings provided. In a good faith effort to inform consumers about the risk of exposure to lead in modem cards manufactured before June 15, 2008, Best Data agreed to place a Proposition 65 warning on its website for three years and notify its contracted service providers about the potential health risk from handling these products. Due to Best Data's cooperation and commitment to reformulation, DiPirro agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $48,000, 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.