DiPirro v. NEC Corporation of America, et al.

On October 31, 2008, the Alameda County Superior Court entered a Consent Judgment in DiPirro v. NEC Corporation of America, which resolved citizen enforcer Michael DiPirro's allegations that the defendant NEC Corporation of America ("NEC") 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, NEC agreed not to sell any non-integrated motherboards or integrated motherboards sold in NEC's brand name in California after May 12, 2008, unless the motherboards are sold or shipped with Proposition 65 warnings or contain less than or equal to .1% of lead by weight in each solder material (unless that material is embedded in a manner so that consumers and workers will not come into contact with the lead during ordinary use) when analyzed using state or federally approved testing methodologies. In a good faith effort to warn consumers about the risk of exposure to lead in motherboards manufactured before May 12, 2008, NEC shall also provide a Proposition 65 warning on its website for three years and will notify its contracted service providers of the potential health risk. Due to NEC's prompt cooperation and commitment to reformulation, DiPirro agreed to credit a portion of the civil fine. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $31,500, 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 DiPirro and his counsel for their successful enforcement of this matter in the public interest.