Yet another sign why EMS isn't the store it once was. BearVault advised customers who bought their products for use in the Eastern High Peaks to return it to the store at which they purchased the bear canister for a full refund. (BearVault will, in turn, refund that store the $38 they paid for it.) Shame on EMS for not honoring this eagerly.
Regarding your second paragraph, there is bear canister display at the Loj trailhead building and it shows the damage that Yellow-Yellow did to a BearVault. I'm almost positive that it expressly says that BearVaults do not meet the canister regulation in the Eastern High Peaks.
I returned it right away, before BearVault issued the statement. It worked out to my benefit anyways, as I used the store credit on a Garcia canister.
As for the display, is it a DEC display, or just an Adirondack Mountain Club display advising hikers against using the BearVault? The High Peaks Information Center (HPIC) is operated by the ADK, not the DEC. I'd guess that it's probably an ADK informational display.
My understanding is that there was a miscommunication somewhere, and the assistant rangers for the High Peaks were incorrectly advised that the BearVaults were no longer approved. They started enforcing this "non-existent regulation," leading to confusion, and resulting in hikers falsely believing that this was a DEC regulation.
To date, I have not seen any official announcement from the DEC stating that the BearVaults are not approved. The
bear canister page on the DEC's website makes no mention of the BearVaults no longer being approved. In fact, it states that:
6 NYCRR Paragraph 190.13(b)(2) defines a bear-resistant canister as "a commercially made container constructed of solid, non-pliable material manufactured for the specific purpose of resisting entry by bears."
Note that is says
resisting, not
preventing. For all intents and purposes, the BearVault still meets these requirements. As has others have stated in this thread, no company will advertise their canisters as being 100% "bear proof."
Does that mean you aren't an idiot for using a BearVault at Marcy Dam? Of course not.