Updates

Juries in the two most recent bellwether cases tried in the ongoing Combat Arms Earplugs Version 2 (CAEv2) litigation delivered split results for 3M. In the sixth trial on November 12, a Pensacola-based jury found in favor of 3M, rejecting plaintiff’s arguments. And today, in the seventh trial, a Tallahassee-based jury found in favor of the plaintiff.

Today’s loss, while disappointing, follows two consecutive defense verdicts for 3M, and we remain confident in our case. Juries differ, and each case must be tried on its individual facts. We disagree with the damages awarded. At all times 3M’s conduct with respect to the CAEv2 product was consistent with the company’s values and longtime commitment to keeping our U.S. military safe. We will appeal this award, including non-compensatory damages, as we continue to vigorously defend our record in these matters.

Under the bellwether process, cases are selected for trial by the plaintiffs, the defendants, and the court, and today’s loss was in a plaintiff-selected case. In addition, there are still nine more cases scheduled to be tried between now and May 2022, and plaintiffs’ counsel has dismissed before trial several other cases that were part of this process.

The next trial is scheduled to take place in Tallahassee starting on November 30. We believe the CAEv2 product was safe and effective to use, and we will continue to defend ourselves and our product.