3M settles with DOJ over dual-ended combat arms earplugs

By Marjorie Censer / July 26, 2018 at 2:04 PM

The Justice Department said today 3M has agreed to pay $9.1 million to resolve allegations it knowingly sold defective dual-ended combat arms earplugs to the U.S. military.

According to the Justice Department, 3M and predecessor Aearo Technologies were alleged to have known that version 2 combat arms earplugs were "too short for proper insertion into users' ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals."

However, DOJ added, 3M allegedly did not disclose this design defect.

The allegations were brought in a whistleblower lawsuit; as part of the settlement, the whistleblower will receive $1.9 million.

Under the deal, the claims resolved by the settlement remain allegations and there is no determination of liability.

In a statement provided to Inside Defense, 3M said "[s]ettling the investigation into this discontinued product at this point allows the matter to no longer be a distraction to the business, and frees former and current 3M employees from having to go through the inconvenience of a protracted investigation and litigation."

"We take great pride in our products and this resolution is not an admission of liability, but simply a decision to move forward with our mission to provide high quality personal safety equipment products to our customers," the company said.

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