DiPirro v. Elitegroup Computer Systems, Inc.

On January 30, 2009, the Alameda County Superior Court entered a Consent Judgment in DiPirro v. Elitegroup Computer Systems, Inc., which resolved citizen enforcer Michael DiPirro's allegations that the defendant Elitegroup Computer Systems, Inc. ("Elitegroup") sold motherboards, desktop computers, video cards, and components utilized with 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 agreement, Elitegroup agreed not to sell any motherboards, desktop computers, video cards, and components utilized with motherboards in California after October 10, 2008, unless the products are sold or shipped with Proposition 65 warnings, contain no more than .1% lead by weight in each solder material, or were manufactured and received in inventory before October 10, 2008. Additionally, in a good faith gesture, Elitegroup agreed to provide the public with information about the risk of exposure to lead from covered products sold before October 10, 2008, on its webpage for three years. Due to Elitegroup's cooperation during the settlement process and commitment to reformulation, DiPirro agreed to credit a portion of the civil fine. Should Elitegroup comply with the public information commitment by October 10, 2008, DiPirro agreed to waive an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $58,000, 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.