According to litigation, during initial testing of the earplugs, Aearo Technologies LLC (subsidiary of 3M) had determined that the standard fit for the earplugs would not pass the US Government's standards for military grade earplugs. So they instructed testers to manipulate the earplug and fold the flanges out to gain a higher testing score.
Aearo knew of the issue, but failed to disclose this information to soldiers, thus causing hearing problems for numerous veterans.
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