Updates

On Friday, April 30, the jury reached a verdict in the first trial regarding the company’s Combat Arms Earplugs Version 2 (CAEv2) product. The jury sided with the three plaintiffs and awarded them damages. We do not believe the plaintiffs met their burden of proving their allegations that the CAEv2 product was defectively or negligently designed or caused each plaintiff’s purported injuries. While we are disappointed and disagree with the verdicts, they are just the first step in this litigation.

We believe there are multiple grounds for appeal, including those outlined in our filed mistrial motion, and are evaluating our legal options. We remain confident in our case and are ready to defend ourselves against plaintiffs’ allegations at the upcoming trials. This was the first of three so-called bellwether trials in this multi-district litigation. The next two bellwether trials are scheduled for May and June of this year.

You may see media coverage of the trial in the days and weeks to follow. Here are some essential facts to keep in mind:

• 3M has supplied Combat Arms Earplugs to the U.S. military for more than a decade and continues to do so.
• The CAEv2 represented a significant innovation in hearing protection. They were the first earplugs to offer protection from high-level impulse noises – like gunfire – while still allowing the user to hear lower-level sounds – like speech – with limited interruption.
• The product’s design reflected features requested and accepted by individuals acting on the U.S. military’s behalf. Testing by the military, 3M and Aearo, as well as independent labs and other organizations, confirmed that the CAEv2 product decreased noise as intended at every frequency.
• 3M shared information with the U.S. military about the importance of proper fitting for the CAEv2 product, and the military requested that it be responsible for providing fitting instructions to service members. When used according to those fitting instructions, the CAEv2 helped to provide hearing protection to service members in combat environments.
• Hearing loss has unfortunately always been a potential side effect for individuals serving in the military. The CAEv2 product was designed to mitigate against those risks and worked as intended.