3M Agrees to Pay 6 Billion Dollars to Settle Complaints from the U.S. Military

Since 2016, American multinational manufacturing company 3M has faced over 300,000 claims against their dual-use earplugs. Despite the mass influx of complaints against the company, after filing for bankruptcy in numerous courts, the industrial giant was able to delay their response. However, this stalling came to an end on August 28, 2023, with 3M and associated lawyers announcing their decision to pay 6 billion dollars towards a settlement.

The tort, which has arguably become one of the largest and most influential cases in U.S. history, was filed concerning the company's Combat Arms Earplugs. According to Plaintiffs in their claim, these earplugs, marketed as dual-use, with one side enabling users to hear low-level sounds and the other blocking high-level sounds, were knowingly sold by 3M as defective products. As stated by the Plaintiffs, a group of veteran product users, this led to health consequences within the user base, including those in the military, the Plaintiffs, and the public.  

Starting in 1999, 3M began assembling and selling their Combat Arms earplugs. However, before the company could get them on the market, they were required to run tests determining the product's NRR (Noise Reduction Rating), a unit of measurement used to assess the efficacy of hearing protection devices. Then, based on the score the product receives (the higher the measure, the more effective a product is thought to be) it will be approved or terminated. 

Rather than performing the NRR tests at an independent laboratory, 3M chose to use their own private EARCAL laboratory. As stated by the Plaintiffs, this allowed 3M to “skew the results of … [their testing]” when their product received a lower NRR score than they wanted.  

This harmful behavior began after the first tests in approximately December 1999, which were run on both the low and high-level sound side of the earplug. After testing on the low-level side, 3M determined that this side acquired a score of -2 which indicated that it “amplified sound rather than attenuated sound, as intended”. Subsequently, in order to approve this side of the earplug, 3M, according to Plaintiffs in their complaint, “inflated the -2 NRR to a 0 NRR.” They later used this score in their marketing scheme by stating that it was “a benefit  … [as] soldiers and civilians would be able to hear quiet, close-range conversation despite being protected from louder, harmful noises.” 

3M’s reckless behavior was further seen after testing on the high-level sound side, in which Defendants terminated test results when their product received a score of 10.9. They later re-tested the high-sound end of the earplug in 2000 and received the same score. This score was then inflated to an NRR of 22, which is nearly double that of 10.9. 

As a result of these skewed numbers, rigged tests, and product defects, thousands of product users, including Plaintiffs, the military, and the public were exposed to damaging sound levels. In turn, those who were exposed to the harmful sounds, as claimed by Plaintiffs, experienced health detriments such as “hearing loss, tinnitus, and/or additional hearing-related injuries, which have been shown to lead to higher risks of insomnia, social isolation, depression, anxiety, Post Traumatic Stress Disorder (PTSD), and suicide.” 

As such, in response to selling defective products and resulting health consequences, competitor Moldex-Metric, Inc. sued 3M In 2016, and after court deliberation, 3M agreed to pay $9.1 million to the Department of Justice without admitting liability. This court case spearheaded the want for justice, and after the settlement, a multitude of individual service members began filing similar complaints. The accumulation of these complaints eventually led to court action under a centralized Florida Court. However, soon after 3M filed for bankruptcy within the court to slow the action. After a series of motions and appeals, both sides agreed on the settlement of 6 billion dollars, and in the next 5 years, 3M will pay $5 billion in cash and $1 billion in stock to those who sued.  According to Chris Seeger, a lead lawyer in the case, “About 240,000 people are expected to be eligible for the settlement.” 

Throughout these court cases, 3M has continuously defended its product and image, stating that it holds “great respect for the brave men and women who protect us around the world” and that “their safety is our priority”. They additionally deny allegations of product defectiveness and maintain that “[their] product helped provide hearing protection to service members in combat environments” … “[and] worked as intended.”