berkey water filters sues the epa. updates on epa vs berkey lawsuit.

Berkey Water Filters Sues The EPA. Updates on EPA vs Berkey Water Filters Lawsuit

Last updated: September 23, 2026 Dan DeBaun By Dan DeBaun

On September 18, 2026, a federal appeals court (the First Circuit) decided not to pause the EPA's stop sale order on Black Berkey Elements while Berkey's case with the EPA continues. The order stays in place for now.

The most important thing to know: the issue was never the filter itself. The EPA's concern is how Black Berkey Elements were described and marketed, not what they are made of or how well they perform. Neither the EPA nor the court said Berkey filters are unsafe or ineffective.

In plain English

  • What happened: The court did not side with Berkey this round, so the EPA's order that stopped Black Berkey Element sales stays in place for now.
  • What the fight is about: Marketing claims and labels. The EPA says the way the filters were described made them count as a "pesticide" under a federal law called FIFRA, so they need to be registered like a pesticide product.
  • What the fight is not about: Filter safety, filter quality, or how well the filters reduce contaminants.
  • What it means for you: While this continues, if your Berkey needs new filters, the Berkey Phoenix Element is the authorized replacement, and it is in stock. Any standalone Black Berkey elements you see online are very likely fake.
  • What comes next: At this point, the realistic path back for Black Berkey runs through the EPA's own process, not the courts.

Where we stand

We think this is the wrong outcome for the US consumer that these rules are supposed to protect. The EPA has never said Black Berkey Elements are unsafe or ineffective, and no one has claimed they harmed anyone. Yet families who rely on them can no longer buy replacements. A rule meant to protect consumers is, in this case, leaving them with fewer choices. 

The solution for your Berkey today: the Berkey Phoenix Element.

While the legal process plays out, Berkey made sure no customer is left stranded. The Berkey Phoenix Element is the official, authorized replacement for Black Berkey Elements. It fits every Berkey system from the Go Berkey Kit to the Crown and is in stock today. If your filters are due for replacement, this is what we recommend.

Shop Berkey Phoenix Elements

Before we get deeper into the case, here's some more details about the Phoenix filters and why Berkey owners can switch to it with confidence.

Why you can trust the Berkey Phoenix

The Phoenix has already been through extensive independent testing, and every result is public:

  • Tested against more than 200 contaminants by accredited third-party labs, including RAYNU Analytical (ISO/IEC 17025:2017 accredited) and Atom Testing Lab.
  • Broad coverage: PFAS (25 compounds), heavy metals, VOCs, pesticides and herbicides, pharmaceuticals, chlorine byproducts, radiologicals, and petroleum compounds.
  • Long-run PFAS results: PFOA and PFOS stayed below 0.005 µg/L through 1,500 liters of filtered water.
  • NSF certified: NSF/ANSI 42 and NSF/ANSI/CAN 372.
  • More testing underway: additional independent testing is in progress, so the Berkey Phoenix keeps earning its place among the most thoroughly tested gravity filter available on the market.

See every report on our Phoenix lab results page.

Now, the case itself. Below, we'll explain the ruling the way the court wrote it, including the EPA's side. You can judge it for yourself.

Current Status (September 2026)

  • Latest ruling: September 18, 2026. The First Circuit declined to pause the EPA order (Case No. 24-1917)
  • What the case is about: Registration and labeling under FIFRA. No finding on filter performance, safety, or quality
  • EPA stop sale order: Remains in effect for Black Berkey Elements
  • Berkey International v. EPA (Puerto Rico): Still open in the lower court
  • NMCL v. EPA (Texas): Closed after a procedural dismissal (2023, affirmed 2024)
  • What you can buy: Berkey systems (ship with Black Berkey Elements while supplies last) and Berkey Phoenix replacement elements (in stock)

What the Dispute Is About

Black Berkey Elements contain silver. Under a federal law called FIFRA (the Federal Insecticide, Fungicide, and Rodenticide Act), a product sold with pesticide-type claims must be registered with the EPA and carry an EPA-approved label. The EPA's view is that the way Black Berkey Elements were marketed made them a pesticide that needed that registration.

In December 2022, the EPA sent "stop sale" orders, which are legal notices to stop selling a product, to James Enterprise, a Berkey distributor. In May 2023 it sent a similar order to Berkey International, LLC. Production of Black Berkey Elements stopped. Berkey's position is that its elements are water filters, not pesticides, and that the silver is there to protect the filter itself, not to treat the water.

It is worth being precise about what this case is not. The EPA's order did not say Black Berkey Elements are harmful, ineffective, or poorly made. In short, the EPA's problem was with the words, not the filter. The independent lab results on our test results page were never part of the case and have not changed.

Two cases, not one

  • NMCL v. EPA (Texas, filed August 2023) was dismissed in November 2023 on a procedural issue about which court should hear it. It never ruled on whether the EPA was right. The Fifth Circuit agreed in August 2024, and the Supreme Court declined to hear it in December 2024. This case is closed.
  • Berkey International, LLC v. EPA (Puerto Rico, Case 3:24-cv-01106) asked the court to pause the May 2023 stop sale order while the case went forward. The court said no in June 2024, and the First Circuit agreed on September 18, 2026. This case is still open.

What the First Circuit Decided

Berkey had asked for a "preliminary injunction," a court order that pauses a government action while a lawsuit goes on. To get one, a company has to show it is likely to win in the end. The court's opinion looked at three questions. The rules courts use here favor government agencies by design, which is why these challenges are hard to win early on.

1. Did the EPA have a good enough reason to issue the order?

Under FIFRA, the EPA can issue a stop sale order when it has "reason to believe" a product is an unregistered or mislabeled pesticide. The EPA pointed to the silver in the elements, its inspection of James Enterprise, and marketing language on labels and on Berkey and dealer websites.

In short: The EPA does not have to prove its case to issue an order. It only needs a reasonable basis. The court said it had one.

2. Should the elements be exempt because the silver was not meant to be a pesticide?

Under the EPA's rules (40 CFR 152.15), what matters is what the seller says about a product, not what the maker privately intends. The court also said it is the company's job to prove it qualifies for an exemption:

"Because FIFRA is a pre-authorization statute which places the onus for compliance on manufacturers and distributors, the burden of answering this question in the negative falls on Berkey." First Circuit opinion, Berkey International, LLC v. EPA, No. 24-1917 (Sept. 18, 2026)
In short: Marketing language decides whether something counts as a pesticide. At this early stage of the case, the court wanted more evidence for an exemption.

3. Did the EPA act unreasonably?

Courts can overturn a government action that is "arbitrary and capricious," meaning random, unreasonable, or not backed by the record. The court found the EPA had explained its reasoning and had evidence to support it.

In short: The court did not find that the EPA skipped steps. Whether the policy is a good one was not the question.
What the ruling did not decide. This was not a final judgment, and the court did not permanently rule that Black Berkey Elements are pesticides. The case is still open in Puerto Rico. But the ruling makes the court route harder, which is why the EPA's own process is now the more realistic way back for Black Berkey Elements.

The Broader Debate: Regulation and the Consumer

The EPA's view is that registration rules exist so any product sold with a pesticide-type claim gets reviewed first, and a company does not get to decide on its own that the rules do not apply. The First Circuit agreed with that reading of the law.

Berkey's view, shared by many of its customers, is that treating a gravity water filter like a pesticide does not make anyone's drinking water safer. The result is that people who already own a Berkey can no longer buy Black Berkey replacement elements on their own, even though no one has claimed the elements ever hurt anyone. A 2023 letter from Congressman Matt Gaetz to the EPA raised the same concern about cutting off consumer access to water filtration.

Timeline of Key Events

December 2022
EPA Issues Stop Sale Orders to a Berkey Distributor

After an inspection, the EPA ordered James Enterprise to stop selling Black Berkey Elements and filters that contain them.

May 2023
EPA Issues Stop Sale Order to Berkey International

The EPA ordered Berkey International, LLC to stop selling Black Berkey Elements. Production stopped.

August 2023
NMCL Sues the EPA in Texas

The manufacturer, New Millennium Concepts Ltd., sued the EPA, arguing Black Berkey Elements are not pesticides.

October 2023
Congressional Letter

Congressman Matt Gaetz wrote to the EPA with concerns about consumer access to water filters.

November 2023
Texas Case Dismissed on Procedure

The court dismissed the case on a procedural issue about which court should hear it, without ruling on whether the EPA was right.

June 2024
Puerto Rico Court Declines to Pause the Order

The court refused to pause the stop sale order while Berkey International's case went forward.

August 2024 to December 2024
Texas Case Closes

The Fifth Circuit agreed with the procedural ruling (No. 23-11189), and the Supreme Court declined to hear it (No. 24-531).

September 18, 2026
First Circuit Declines to Pause the Order

All three judges on the First Circuit panel agreed with the lower court (No. 24-1917).

What Happens Next

The court's opinion pointed to three ways Black Berkey Elements could return. All of them go through the EPA, not the courts:

  • Register the elements under FIFRA. The manufacturer submits data to the EPA and gets approval before re-selling the filters to the public.
  • Ask the EPA for a formal decision on whether the product is a "device" rather than a pesticide.
  • Qualify for the "treated article" exemption (40 CFR 152.25(a)), which applies when the silver is there only to protect the product itself and is registered for that use.

There is no public timeline for any of these. We will update this page as we learn more from the court record and from the manufacturer. In the meantime, the Berkey Phoenix Element is the authorized replacement for every Berkey system.

A Warning About Counterfeit Black Berkey Filters

No new Black Berkey Elements have been made since 2023, and standalone replacements have been sold out at authorized dealers for more than two years. So if you see "new" Black Berkey replacement elements for sale on their own today, on Amazon, Walmart, eBay, Temu, social media, or anywhere else, the most likely explanation is that they are counterfeit.

Fakes can look almost identical to the real thing, but they are not made to Berkey's standards and have not been tested like genuine elements. You have no way of knowing what they reduce from your water. Our advice is simple: do not buy standalone Black Berkey elements from any seller right now. See our examples of counterfeit Black Berkey filters to learn how to spot a fake.

About BigBerkeyWaterFilters.com

BigBerkeyWaterFilters.com is the largest authorized Berkey dealer for Berkey and has been in business since 2008. We are separate from the manufacturer, NMCL, and from Berkey International, LLC, and we are not part of either lawsuit. What we share here comes from the public court records and from what the manufacturer shares with its authorized dealers. For the broader business picture, see Is Berkey Going Out of Business? The Full Story.

Frequently Asked Questions: Berkey vs. EPA Lawsuit

Did Berkey lose its lawsuit against the EPA?

In the most recent round, the court did not side with Berkey. On September 18, 2026, the First Circuit decided not to pause the EPA's stop sale order while Berkey International's lawsuit continues. The case is about marketing claims and whether a silver-containing filter must be registered under federal pesticide law. Neither the EPA nor the court said anything about whether Berkey filters are effective, safe, or well made. The case is still open in the Puerto Rico court.

What is the Berkey EPA lawsuit about?

The EPA says the way Black Berkey Elements were marketed (self-sterilizing killing bacteria and viruses), combined with the silver they contain, makes them a pesticide under a federal law called FIFRA, and that they were sold without the required registration. Berkey says the elements are water filters, not pesticides. The EPA issued stop sale orders in December 2022 and May 2023, and two lawsuits followed: one by the manufacturer NMCL in Texas and one by Berkey International, LLC in Puerto Rico.

Did the court or the EPA find that Berkey filters are unsafe or not effective?

No. The EPA's order is about marketing claims, registration, and labeling rules, not about the filter's materials or performance. The court only looked at whether the EPA had a reasonable basis to issue that order. Neither one tells consumers to do anything with filters they already own, and the independent lab test data for Black Berkey and Berkey Phoenix Elements has not changed.

What is the current status of the Berkey EPA lawsuit?

The manufacturer's case (NMCL v. EPA) is closed after being dismissed in 2023 on a procedural issue about which court should hear it. The second case (Berkey International, LLC v. EPA) is still open in Puerto Rico, but on September 18, 2026 the First Circuit decided not to pause the EPA's order while it continues. The stop sale order stays in effect.

Can I still buy Berkey water filters?

Yes. Complete Berkey systems are available and ship with Black Berkey Elements while supplies last. Black Berkey Elements are not sold on their own because of the EPA regulatory matter. The authorized replacement for every Berkey system is the Berkey Phoenix Element, which is in stock.

Will standalone Black Berkey replacement elements be available again?

There is no confirmed timeline. The realistic path back runs through the EPA: registering the elements, asking the EPA for a formal decision that they are not pesticides, or qualifying for an exemption. Until then, the Berkey Phoenix Element is the authorized replacement.

Are the Black Berkey filters sold on Amazon or eBay real?

Almost certainly not, if they are sold on their own as new replacements. No new Black Berkey Elements have been made since 2023, and standalone replacements have been sold out at authorized dealers for more than two years. Standalone listings on Amazon, eBay, Walmart, Temu, or social media are very likely counterfeit. The authorized replacement is the Berkey Phoenix Element.

What is the EPA's legal basis for classifying Berkey filters as a pesticide?

Under EPA rules (40 CFR 152.15), a product is treated as a pesticide when the seller claims, states, or implies it can be used as one. The EPA pointed to the silver in Black Berkey Elements plus marketing language on labels and websites. The First Circuit agreed the EPA had a reasonable basis on that record.

Dan DeBaun

Dan DeBaun

Dan is the owner and operator of Big Berkey Water Filters. Prior to Berkey, Dan was an asset manager for a major telecommunications company. He graduated from Rutgers with an undergraduate degree in industrial engineering, followed by an MBA in finance from Rutgers as well. Dan enjoys biohacking, exercising, meditation, beach life, and spending time with family and friends.


Trust the largest authorized US Berkey dealer on water filtration? Make us your Preferred Source on Google.

  • Avatar of Trena Henderson Trena Henderson 2025-01-30 13:29:43

    I’ve been doing research and learning about all of the toxins in our everyday lives for about ten years now. People are finally catching on but still so many that don’t know and laugh when you try to teach them. We purchased a Berkey because it’s the best of the best and a friend of mine who is a well digger, told me that a Berkey is what he took to Africa on a missions trip to dig wells for people to have clean water. I shouldn’t be surprised by this article but still am somehow. I believe in this 2025 administration and am hoping and praying that RFK will be the answer that America needs and we can get our black Berkey filters back!!

  • Avatar of Diane Armstrong Diane Armstrong 2024-12-17 17:47:28

    Hi, I am livid that I can't purchase replacement filters, I need filters ASAP. What are the options while waiting this out? Please help!

  • Avatar of Dan DeBaun Dan DeBaun 2024-12-19 15:59:00

    Hi Diane -

    We don't have an estimated time on the black berkeys yet, but in the meantime we have the new and improved ultra sterasyl ceramic filters now available. These are similar in performance, about half the price, but need to be replaced more often (approx every 6 months - 1 year).

    https://www.bigberkeywaterfilters.com/replacement-filters.html

    Thanks
    Dan

  • Avatar of CB CB 2024-11-14 16:48:59

    Are you expecting this to be overturned with the new administration starting in 2025?

  • Avatar of Dan DeBaun Dan DeBaun 2024-11-15 15:55:30

    Hi CB -

    It's hard to say, but we would think so for sure. We're watching this closely and will do what we can once new cabinet members are in place.

    Thanks
    Dan

  • Avatar of Renee M Kolczak Renee M Kolczak 2024-06-23 21:31:07

    Perhaps the EPA should focus on the true toxins killing us and the environment.
    Would that create too much of a financial loss for the big boys?

  • Avatar of Thereasa Thereasa 2024-05-28 20:44:35

    Is there a way we buyers and users of Berkey filters can get in on this lawsuit? We are being left exposed to these toxic contaminants with other inferior filters and know for a fact that we like Berkey the way they are being made now because they work great. Unlike any other brands we've tried. Even the birds outside don't come to our bird bath if we use our culinary water but do, if we use Berkey water. Even they know better.

  • Avatar of Dan DeBaun Dan DeBaun 2024-05-31 14:32:19

    Hi Thereasa -

    You can write you representative, but right now it's in the courts and being fought hard.

    Thanks
    Dan

  • Avatar of R. Goode R. Goode 2024-01-21 18:57:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so."
    Thomas Jefferson

  • Avatar of flynn whitehurst flynn whitehurst 2023-12-03 15:04:25

    What a joke , Round up sprayed in food and cigarettes still being sold , these govt agencies are a joke and don’t care about public health

  • Avatar of Yvonne Poff Yvonne Poff 2023-12-19 15:40:20

    That is so true. THey still sell that cancer causing round up in the stores. So whats up with that regulation???

  • Avatar of Susan Susan 2023-11-23 00:13:00

    I find this entire thing ironic.
    Being an ex-military member who was stationed at one air station after another drinking who knows what was in the water systems. Things are just coming to the surface as to what ended up in our water.
    Let alone, cities with lead (among other things that will cause health issues) in their drinking water that have gotten away with it for decades and where has the EPA been for these people?
    Now the EPA decided to pick a company that has decades of history of no complaints of medical issues.
    Where is the EPA proof there are any problems with this company?
    Is this another example of fraud, waste, and abuse of our tax dollars going up in smoke?
    If so, heads should roll for such BS.
    As we know holding the government responsible for this kind of thing is impossible.
    It makes one wonder if there are other filtration companies behind this and who might have to gain from such a shutdown.
    It sounds like there needs to be a 20/20 type of investigation needs to happen. There seems to be something wrong with the water but it's not the filters.
    This doesn't add up IMO, something seems fishy.

  • Avatar of Bob Lane Bob Lane 2023-11-04 03:16:04

    Funny how the EPA couldn't be bothered to lift a finger in East Palestine, OH, to clean up a chemical spill but they make preventing people like those residents from being able to filter their own water a priority by going after companies like Berkey.

  • Avatar of Jef Spalding Jef Spalding 2023-10-31 14:08:54

    This labeling silver as a pesticide is a legalese move to waste time and money in our now belabored kangaroo court system.
    If the EPA truly cared about pesticides and human health, they would focus their efforts on stopping the industrial systematic poisoning of the planetary ecosystems (ocean, atmosphere, soil) that maintain the delicate balance of microscopic life crucial to our health and very existence

  • Avatar of Joseph Joseph 2023-10-30 14:01:06

    Interesting that the EPA allows toxic chemicals into our fresh water supplies along with runoff from livestock, actual pesticides and a host of other chemicals and PFAs. But they decide to ban the sale of a carbon based filter because it incorporates silver? Historically, a silver spoon or other piece of silver was added to one's drinking water supply to help ward off bacteria. Now they want to restrict it? Makes no sense. I have used Berkey for more than 20 years and had the water tested from my Berkey and my homes city water which has award winning water. Berkey came back with safer levels than the city water.

  • Avatar of M Lario M Lario 2023-12-31 14:46:55

    They are totally in bed with big Pharma, so this thing is just another way to more people sick, so more money. The real route of evil is lobbyists

  • Avatar of Christine Clements Christine Clements 2024-05-11 23:29:14

    That's why they want to stop Berkey. They're keeping people from drinking the contaminated water that's making them sick.

  • Avatar of Ronnie J Ronnie J 2023-10-27 19:30:16

    As you can tell by all of the comments, there are not many fans of our government or the EPA, or any other three letter agency for that matter. What does this tell you? It’s time to thoroughly clean house and get back to the nation our founders intended. It’s “We The People”, not “We The Government”. Stop being complacent, get together and force a return to the U.S. Constitution and end all of this nonsense.

  • Avatar of Teresa Woodford Teresa Woodford 2023-10-19 05:45:42

    This matter disgusts me. Berkey water filter and products are the best. Our own government is trying to get away from poisoning American people. This product removes the stuff we don’t want to drink. I pray Berkey wins this lawsuit and our dirty government wants us to drink there filthy and disgusting water that makes us sick. Please Berkey, never give up, because America’s are behind you all the way. Justice will be served on all evil.

  • Avatar of Christine Clements Christine Clements 2024-05-11 23:30:07

    Amen!!

  • Avatar of Rene Labre Rene Labre 2023-10-10 03:51:38

    Great

  • Avatar of Richard Richard 2023-10-09 14:16:16

    Make no mistake, this is an agenda being pushed by big pharma and the parasites that get kickbacks, more people are realizing that it is the chemicals in our food and water causing sickness, stay the fight and try to inform as many as possible

  • Avatar of Melina Struzzieri Melina Struzzieri 2023-10-04 12:58:27

    I have used Berkey water unit and carbon filters for many years. I also purchased units for my kids. Long Island NY has some of the most toxic drinking water yet we pay high taxes and water bills. We all depend on Berkey not our government. In fact they have not done a dam thing about the cancer causing water. My young daughter diagnosed with cancer 7 years ago and has not drank any water unless its filtered with Berkey Filters.

  • Avatar of Laura Murray Laura Murray 2023-09-26 22:55:25

    For lack of a more eloquent phrase...so much bad stuff is allowed in our drinking water and waterways it seems that the overall focus of the EPA should be here and not on Berkey's tried and true systems. Something is amiss here but we've all known that for awhile now.

  • Avatar of Lon Hudson Lon Hudson 2023-09-26 14:59:00

    Correlation- Berkey is actively promoted by critical thinking(CT) influencers and websites, and purchased by CT individuals. The government used the IRS as a weapon against same groups in the past.

  • Avatar of Stevo Stevo 2023-09-24 13:34:18

    Vote for President Donald Trump in 2024 and this will be immediately quashed.

  • Avatar of Jack Jack 2023-09-22 22:04:39

    Glyphosate is a deadly poison that nearly killed me- until I got a Big Berkey and now I can again drink clean water! I make myself available to help this lawsuit any way I can.

  • Avatar of Brooks Brooks 2023-09-21 15:03:28

    I love how all the comments are from borderline retards with no ability to think beyond themselves. Silver has been a registered pesticide since 1954. the EPA is not suing them, they are suing the EPA. the law says if you have "registered pesticides" in your product you must adhere to certain disclosures and labels when selling to the public. They are using a registered pesticide and are surprised that the EPA cares *surprised pikachu face*

  • Avatar of Gct Gct 2023-09-28 22:57:23

    If we didn’t have the ability to think for ourselves, we’d simply take the government overlords at their word and never dream of questioning their logic or motives on this and other onerous regulation. Although silver is regarded as a pesticide due to its ability to kill bacteria, viruses and fungi, it is hardly unsafe. It is used in numerous filter systems, not just Berkey, to keep the filter free from bacteria, as well as band-aids, tooth brushes and paste and so on. And no scary burdensome labeling. In my opinion it is really stupid to classify silver in the same category as diazinon, permethrin and DDT which are never used in any filter to prevent bacteria growth. Why not then label all foods containing preservatives as pesticides ? Silver, copper, zinc and gold surfaces all prevent bacterial and/or fungi growth. I can personally testify that colloidal silver solutions kill many cold and other infections internally and is completely safe. You can, of course, believe what you want, and take the government masters at their word every day of your life without question, but please, at least first read the article above concerning the arbitrary and capricious reinterpretations and unequally applied burden placed on this company before calling people “borderline retards”.

  • Avatar of Janet Janet 2023-10-15 18:04:34

    You need to look at the names you are calling people as it seems you know nothing about the medicinal properties of silver.. It heals, cleans and can be used medicinally to cure many ailments . Maybe the EPA had better start working for us instead of the deep state who are trying to kill us to reduce the population. A whole lot of us are onto the deep state agendas and will NOT let them ruin our country. There is a lot more of us than there is of them. There is room for all!

  • Avatar of Suzie Suzie 2023-11-09 01:49:28

    You are correct that nanosilver has been classified as a pesticide under FIFRA since 1954. It is only so when used as an antimicrobial otherwise is is regulated under TSCA. However, Berkey states their Black Berkey filters clean water by trapping the bacteria instead of destroying or inhibiting bacterial growth. What are your thoughts?

  • Avatar of Steve Steve 2023-09-20 16:07:24

    By that logic, wouldn't silver jewelry have to be classified as pesticides?

  • Avatar of Dale Marie Kersch Dale Marie Kersch 2023-09-19 16:23:25

    So upset I cannot purchase filters for my 2 Berkey Water purifiers.
    Can we as owners file a lawsuit too?


  • Avatar of DL DL 2023-09-19 13:36:15

    Around here they're testing municipal water, and finding it unacceptable, mostly because of contamination from chemical runoff.
    Suddenly, they are attacking Berkey, a USA made company, while allowing similar filters that are made in other countries to be sold.
    I would speculate that our government is about to "manage" our water - for our own good and to save the planet. I also suspect that they may test and outlaw private wells, using the same "logic" they're using to decimate Berkey.
    I don't trust the reasoning behind conspiracy theories, but right now I don't trust our government, either, so I'm going to annoy my congressional representative with a letter, and a yowl, of protest. I suggest that everyone else who is as annoyed and concerned as I do the same.

  • Avatar of J J 2023-09-18 13:25:38

    Just curious, does the EPA require a warning on, or regulate silver coinage? Same question for ALL electronic devices, tableware, jewelry, mirrors, etc, etc, etc.

    Pound sand epa.

  • Avatar of Concerned in California Concerned in California 2023-10-12 17:15:03

    I'm sure, though could be wrong, that it's all about the form of it, and how it's used. Silver in electronics and jewelry is not in colloidal silver form, nor is it being used in a protective/preventative way (as a pesticide).
    The greater argument, IMO, is why then do other filter companies as well as the FDA use silver to prevent bacterial, fungal, viral growth and can do so without such pesticide labeling? That's the issue- in equitable application of the law/rules targeting an individual company or group of companies.

  • Avatar of Ed Hille Ed Hille 2023-09-18 13:17:05

    Maybe look into making them as something else small livestock water filter market them outside the FDAs jurisdiction and then just explain on your website how your manufacturing process hasn’t changed only that they are no longer intended for human use I would buy livestock water filters I know and trust I think a lot of the freethinkers using your product would also catch on rather quickly

  • Avatar of Alyn Gilkey Alyn Gilkey 2023-11-27 05:43:42

    As the granddaughter of a no nonsense veterinarian, I like the way you think!

  • Avatar of L. Michael Barnett L. Michael Barnett 2023-09-17 18:28:22

    We will be praying for you guys. It's truly heartbreaking that our government seems determined to kill us all. The real pesticides are in our water, not your wonderful filters. As this moves along please let us know what we can do to help. Thank you.

  • Avatar of Jeremy Jeremy 2023-09-17 07:24:30

    Effectively, the EPA is trying to label the silver in the filter as a pesticide?? This all sounds an awful lot like the 2020-2022 smear campaign against Ivermectin. The government simply wants to make it impossible for the American people to have access to safe and effective (and cheap) health products. Better that we should all be sick all the time and dependent on expensive pharmaceuticals. No thanks!

  • Avatar of CJX CJX 2023-09-20 15:58:39

    Bingo. Our water is an easy way to poison us over time and keep us unhealthy. Exactly what the PharmAnimals wants with every single one of us and their payments and bribes to the politicians ensure they can.

  • Avatar of Katon Bouzalakos Katon Bouzalakos 2023-09-17 02:58:25

    The Banking system is behind this nonsense they have an agenda to fulfill. I hope you win this case. And safe lives.

  • Avatar of Dan Tico Dan Tico 2023-09-15 23:31:55

    Follow the money trail! See “who’s paying who” to change market distribution, and has enough inside influence (And $) to convince Key people in the EPA to Twist law and policy.......as well as Webster’s dictionary!

  • Avatar of Christina Christina 2023-09-15 14:09:32

    Just another way to take something natural off the market to try and keep Big Pharma from losing out..

  • Avatar of kimm kimm 2023-09-13 23:18:28

    The EPA is ABSURD... Did the person who insisted on labeling the Berkey [mechanical filter products as a “pesticide device”]... take an IQ test and fail???? Maybe someone 'intelligent' at the EPA should contact their HR department and find out and review their hiring requirements. When I pick up a can of black widow spray, it's to kill the nasty spider, before it bites me (no offense to all you arachnoid lovers)... that's a pesticide device!

  • Avatar of Margie Hoffman Margie Hoffman 2023-09-12 16:19:39

    Good for you, I pray you are successful and God exposes the truth of the EPAs motivation!

  • Avatar of Robert Koch Robert Koch 2023-09-12 02:32:21

    Seems like CDC only do things to damage the health of the citizenry. Why? Because they are set on the idea of population reduction.

  • Avatar of Suzanne V. Suzanne V. 2023-09-11 19:11:51

    Absurd is an understatement! I knew deep down that our water systems/filtration systems would be next on the chopping block. I seriously feel angry and mad at the same time. My family has 2 Berkey systems and have been a loyal and happy customer for almost 10 years now. Implementing these corrupt measures on a long standing reputable business is very disappointing from the EPA. Praying this will not hold up.

  • Avatar of Patty Patty 2023-09-11 03:01:22

    Please keep fighting for your rights and this incredible set of products.

  • Avatar of Deanna Clouse Deanna Clouse 2023-09-05 09:46:11

    Is there any action we can take as consumers to help?

  • Avatar of Kathleen Kathleen 2023-09-01 23:31:04

    How can we help you Berkey?

  • Avatar of Dan DeBaun Dan DeBaun 2023-09-06 17:51:48

    Hi Kathleen -

    We appreciate you asking, and at this time it's just a wait and see until this gets resolved in court.

    Thanks
    Dan

  • Avatar of Lon Hudson Lon Hudson 2023-09-26 15:00:59

    We the people need to flood our local senator and congressman’s offices and demand it to stop.

  • Avatar of Gerry Gerry 2023-08-24 18:44:59

    Once again the alphabet organization of the government has overstepped their boundary. They seem hell bent on destroying businesses especially honest ones all the while corrupt businesses get away with breaking every rule and never getting punished for it.

  • Avatar of Rex Rex 2023-09-04 18:32:25

    The plan is to kill the americans.

  • Avatar of Beth Reed Beth Reed 2023-08-24 12:29:56

    The EPA needs to devote their time and resources to prosecuting the companies who have polluted our water ways and funding the necessary upgrades to municipality water systems to remove the forever chemicals in addition to developing a solution for homes with well water systems. Clean water is paramount to the continuity of human life.

  • Avatar of JSmith JSmith 2023-08-20 19:47:32

    What an outrageous act by EPA. Unfortunately they are only doing what they've always done - prevent useful products and promote poisons. This lawsuit should not have to be be undertaken, and is a waste to your / our resources. Wishing you great success.
    Thank you for alllll your efforts and your fabulous, most effective water purifier - We've been using one for over 10 years.

Back to blog