DiPirro v. Shuttle Computer Group, Inc.

Posted: 01/28/2009  browse the case archive

On January 28, 2009, the Alameda County Superior Court entered a Consent Judgment in DiPirro v. Shuttle Computer Group, Inc., which resolved citizen enforcer Michael DiPirro's allegations that the defendant Shuttle Computer Group, Inc. ("Shuttle") 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 agreement, Shuttle agreed not to sell any non-integrated motherboards or motherboards that are integrated products sold in Shuttle's brand name in California after October 31, 2008, unless the motherboards are sold or shipped with Proposition 65 warnings, contain no more than .1% of lead by weight in each solder material, or were manufactured before October 31, 2008. Additionally, in a good faith effort to inform consumers about the risk of exposure to lead in motherboards manufactured before October 31, 2008, Shuttle agreed to post a Proposition 65 warning on its website for three years, as well as notify its vendors about the potential health risks arising from handling the motherboards. Due to Shuttle's cooperation during the settlement process and commitment to reformulation, DiPirro agreed to credit a portion of the civil fine.

The Consent Judgment requires settlement payments of $43,000, 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.

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