3M Paid $9.1 Million Over Defective Combat Earplugs Supplied to U.S. Military

Summary

In 2018, 3M Company agreed to pay $9.1 million to resolve U.S. government allegations that it knowingly sold defective Combat Arms Earplugs Version 2 (CAEv2) to the U.S. military without disclosing defects that impaired their effectiveness. The Department of Justice alleged that 3M and its predecessor, Aearo Technologies, knew the earplugs were too short for proper insertion in some users' ears and could loosen imperceptibly. According to the government, this meant the devices did not provide the expected hearing protection for certain users. DOJ further alleged that the defect was not disclosed to the military. The settlement resolved allegations under the False Claims Act. The underlying case was brought by whistleblower Moldex-Metric, which received approximately $1.91 million from the settlement. Importantly, DOJ stated that the claims resolved by the settlement were allegations and that there was no determination of liability. The Combat Arms earplug controversy subsequently developed into massive product-liability litigation involving claims from U.S. service members and veterans alleging hearing loss and tinnitus. Sources: U.S. Department of Justice https://www.justice.gov/usao-sc/pr/3m-company-agrees-pay-91-million-resolve-allegations-it-supplied-united-states-defective U.S. Department of Justice — Office of Public Affairs https://www.justice.gov/archives/opa/pr/3m-company-agrees-pay-91-million-resolve-allegations-it-supplied-united-states-defective-dual U.S. District Court — 3M Combat Arms Earplug MDL https://flnd.uscourts.gov/3m-products-liability-litigation-mdl-no-2885