More than 30,000 active service members and veterans are set to receive a $253 million settlement from 3M following a lawsuit alleging that the company’s combat earplugs caused hearing loss, tinnitus, and other hearing-related injuries. This settlement is part of a larger $6 billion lawsuit involving over 250,000 veterans and active service members who claimed that the earplugs, known as the 3M Combat Arms Earplugs, led to hearing impairments.
Manufactured by 3M subsidiary Aero Technologies, the earplugs were sold to the U.S. military from 1999 to 2015. 3M acquired Aearo, the parent company of Aero Technologies, in 2008 and maintained that the earplugs were safe when used properly. The settlement announcement comes after months of negotiations, with 3M agreeing to pay $253 million to the affected service members and veterans by the end of January.
The lawsuit alleged that the Dual-Ended Combat Arms Earplugs, CAEv.2, manufactured between 2003 and 2015 by Aearo LLC, had a design flaw that caused them to become loose, exposing users to loud and harmful sounds. Individuals who used these earplugs included those in civilian industrial professions, hunters, recreational shooters, and military personnel engaging in firearms training, vehicle maintenance, and other noise-hazardous conditions.
The complaint highlighted that the earplugs underwent testing based on guidelines from the American National Standards Institute, which requires a Noise Reduction Rating (NRR) label indicating the device’s effectiveness. The higher the NRR number, the better the hearing protection. However, the plaintiffs alleged that 3M used its own laboratory for testing and employed inappropriate procedures that skewed the NRR labeling test results. The NRR was allegedly manipulated to 22, while the testing showed a rating of 10.9 on each subject.
People affected by the earplugs reported experiencing hearing loss, tinnitus, and other hearing-related injuries. The lawsuit argued that 3M and its subsidiary failed to provide adequate warnings about the earplugs’ potential risks and defects, putting users at risk of permanent hearing damage.
As part of the $253 million settlement, 3M had initially planned to contribute the funds between 2023 and 2029, with $5 billion in cash and $1 billion in 3M common stock. However, the company decided to expedite the payment process, with disbursements set to occur by the end of January. The settlement received significant support from claimants and the broader military community since its announcement in August.
3M’s decision to accelerate the payment was positively received by the plaintiffs’ representatives, expressing appreciation for the company’s commitment to resolving the claims. The settlement agreement had outlined a participation threshold of 98%, and expectations are that this threshold will be met or exceeded in the coming weeks.
The legal action against 3M and its subsidiary has shed light on the importance of ensuring the safety and efficacy of protective devices provided to military personnel and other users exposed to potentially harmful noise levels. The case underscores the responsibility of manufacturers to adhere to industry standards and provide accurate information about the capabilities and limitations of their products, particularly those designed to protect users from hearing damage.