I hope the $5.5B is well in excess of the military contract's price tag.
I hope the $5.5B is well in excess of the military contract's price tag.
Peeping at news articles though, there may have been an internal memo where they admitted to knowing there was a mistake - but they continued to sell them. Very likely THAT is where the huge fine came. see https://www.greenmatters.com/business/3m-ear-plug-lawsuit
But then it wouldn't be a legal issue since all earplug vendors would have the same issue, and it wouldn't be feasible to have a design that corrects it.
One of the requirements for these custom-made ear plugs were was to allow the user to hear quiet conversations when used in a certain way.
I don't know if you've tried to use those next to lots of rifle fire, but they don't work that great. If we're talking about their ~$40 passive earplugs, the sound reduction isn't sufficient for rifles, even with a perfect fit. You're still over 145dB after the earplugs. It's explicitly not for use with gunshots, it says so on the box.
If you're talking about the active ones marketed for shooting sports (which incidentally don't block all frequencies equally), it's okay reduction for outdoor rifle (still painful for indoor rifle). It's much more passable for pistol than super loud rifles (let alone artillery/etc).
Plus those are $300 a pair, and the 3m plugs in question were what, $10?
Edit: Also the difference between $200+ custom molds and plugs, vs foam ones that need to cost a few cents each.