3M Combat Arms Earplug products liability multidistrict litigation (MDL) now has the most actions of any MDL ever. And, as plaintiffs claim these earplugs were standard military issue for more than a decade, this may only be the tip of the iceberg.

According to reports from the U.S. Judicial Panel on Multidistrict Legislation, including the most recent Oct. 15 MDL Statistics Report, the IN RE: 3M Combat Arms Earplug Liability Litigation MDL has amassed 203,722 total actions since its 2018 inception, surpassing IN RE: Asbestos Products Liability Litigation, which has been pending since 1991.

The 3M earplug litigation has its origins in a 2016 dispute under the False Claims Act between 3M and plaintiffs Moldex-Metric Inc. and the United States. In that case, 3M’s subsidiary, Aearo Technologies, allegedly supplied defective earplugs to the U.S. military, falsely certifying in response to the