3M earplug lawsuit: Company to pay $6 billion over claims it sold defective earplugs to U.S. military

3M has agreed to pay $6 billion to settle a lawsuit that claims the company knowingly sold defective earplugs to both consumers and military service members. Allegedly, the defective earplugs were used by military personnel in both training and active duty and left some with hearing loss and ringing in the ears. Here’s what you need to know.

What’s the background? According to the settlement website, in 1999 3M began to sell a dual-use earplug. When worn one way, the earplug would allow users to hear speech while blocking other loud sounds. While worn the other way, the earplugs would block as much sound as possible. This earplug was known as the Dual-Ended Combat Arms Earplug, Version 2 (or CAEv2).
What was wrong with the earplugs? The lawsuit alleges that the earplugs were “dangerously defective.” In short, it says the earplugs could loosen and allow harmful volumes of sound through. The lawsuit alleges that 3M knew about this defect and manipulated its testing so that the earplugs could receive favorable results and be sold to service members.
What happened to those service members? According to the lawsuit, thousands suffered hearing damage, including hearing loss and tinnitus.
Have the earplugs been recalled? No. The CAEv2 earplugs were discontinued by 3M in 2015 but never recalled. That means that some service members could still be using the earplugs. In 2018, 3M agreed to pay the U.S. government $9.1 million to settle allegations that it sold defective earplugs. Yet that settlement didn’t help those with hearing-related injuries from the earplugs.
What does this new settlement offer? 3M Co. and subsidiary Aearo Technologies have agreed to pay $6.01 billion to those affected. Both service members and civilians who have hearing damage from the use of the earplugs can register and enroll in a payment program based on their specific needs.
What has 3M said about the settlement? In a press release, the company stated, “This agreement is not an admission of liability. The products at issue in this litigation are safe and effective when used properly. 3M is prepared to continue to defend itself in the litigation if certain agreed terms of the settlement agreement are not fulfilled.”
Where can I learn more about the settlement? The full settlement details can be found on the official settlement website here.