No, we are NOT going out of business! The company that owns Berkey water filters is not going out of business, either.
New Millennium Concepts Ltd., the company that manufactures Berkey water filter systems, has been in business for more than 27 years. We have been an authorized Berkey dealer for over 18 years, supplying consumers across the country with state-of-the-art water filtration systems, and will continue to offer Berkey products for many years to come. As a trusted and the largest distributor/dealer of Berkey products, we will continue to supply Berkey water filter systems and provide our customers with the high level of service and after-sales support they are accustomed to.
What is Going on with Berkey Water Filters: Why Did the EPA “Ban” Berkey?
At the end of 2022, the US Environmental Protection Agency (EPA), without undertaking any administrative process, used its regulatory authority to classify the Berkey water filtration filters, a trusted leader in gravity fed water filtration systems and one of the most popular water filters in the US, as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) claiming that Black Berkey filtering elements contain silver and are a pesticide device since silver is antimicrobial. With this new Pesticide classification, Berkey products would be required to come with warning labels to this effect, in addition to having the filter manufacturing plants attain new pesticide certifications and meet other standardizations.
It's important to note that silver is not considered a pesticide under FIFRA, and has not been regulated by the EPA as such before this. As silver is incorporated as a component of thousands of water filters and other consumer products, if it is regulated as a pesticide, manufacturers of these products would also be forced to register their products as pesticides and attach warning labels to them. As a result of all this, the manufacturer of Berkey products decided to sue the EPA to prevent this classification.
Has Berkey Sued the EPA?
In August 2023, the manufacturers of Berkey Water Filtration Systems filed a lawsuit against the EPA to prevent them from classifying Berkey filters as a pesticide, in what is considered by some, including Rep. Matt Gaetz (R-FL) to be an abuse of the agency's power in an attempt to put the company out of business.
“Why Did the EPA Shut Down Berkey Water Filters?”
The EPA has not shut Berkey down — this question is misleading. However, since false claims like this are circulating online, we feel obligated to correct them and shed light on the current situation and how it affects Berkey consumers.
Despite the Rumors, Berkey Water Systems is Not Going Out of Business
On December 19, 2023, New Millennium Concepts, the manufacturer of Berkey filters, released a statement in response to a dealership closing their doors after being terminated as a dealer for agreement violations. The notice below was just released by the manufacturer and owner of Berkey.
It is with deep sorrow that we learn that our longtime distributor BerkeyFilters.com is closing its doors. As you may know, New Millennium Concepts, Ltd. is currently suing the EPA for re-interpreting their rules for the express purpose of classifying Berkey® products alone as Pesticides. The EPA has not utilized this new re-interpretation to stop the sale of any other outdoor water filter, just Berkey® alone. We have been informed that the real issue is that because of COVID-19, the EPA does not like the fact that Berkey® filters are capable of removing viruses from your water.
BerkeyFilters.com was the first dealer to receive a Stop-Sale Order, and we together worked with the EPA to rectify the situation. However, after working with the EPA for about eight months, it became apparent that the EPA would accept nothing less than the bankruptcy of New Millennium, its dealers, and more importantly preventing you the public from being self-sufficient in terms of cleaning difficult-to-remove contaminants from your drinking water. Accordingly, we sued the EPA and the case is now in the Appeals Court. We are now in appeal because, amazingly, the district court ruled that New Millennium had not been harmed by the EPA issuing Stop-Sale orders to its dealers, its manufacturing facility and other vendors, and therefore had no standing in that court. Unfortunately, over the course of the past year, the folks at BerkeyFilters.com have fallen victim to this overreach by the EPA. We wish them the best.
Having said that, we want to clear up any confusion between New Millennium Concepts, Ltd. (NMCL) the manufacturer and brand owner of Berkey® Water Systems, and Berkeyfilters.com. Berkeyfilters.com is no longer an authorized Berkey® dealer, and again, is closing its doors.
We at New Millennium Concepts, Ltd. assure you that the Berkey® brand is alive and well and is still the trusted leader in gravity-fed water filtration systems and products. To be clear: New Millennium is not closing its doors and is actively engaged in fighting the EPA's overreach and its attempt to control and prevent the public from purifying their drinking water.
Why are Berkey Filters Out of Stock?
If you are wondering why Black Berkey filters are out of stock at many authorized dealers, here is the answer. The EPA has issued Berkey with a stop-sale order, requiring all Black Berkey Filters to carry pesticide warning labels before being sold to customers. As the manufacturers of Berkey systems are in the process of contesting this, they are not permitted to produce more Black Berkey filters until the legal action against the EPA is concluded. Stock you do see online stock is that which was already produced prior to the stop sale.
There are no replacement filters currently on the market as they completely sold out in 2024. If you see Black Berkey replacement filters being sold on Amazon, Walmart, Ebay, and other websites there is a 99% probability that these are counterfeit and they will NOT perform like the original Black Berkeys and potentially are dangerous to use. There are still Berkey systems available that were already bundled with the Black Berkey filters prior to the stop sale and we are permitted to sell these. Unfortunately we are not permitted to separate the Black Berkey filters from these systems and sell them separately as replacements.
To take care of our existing customer base that needs replacement filters, Berkey has re-established a partnership with British Berkefeld to source their ceramic replacement filters. These are called the Ultra Sterasyl Ceramic Filters and are comparable in filtration quality and performance to the Black Berkeys. These are the only filter replacements that are approved by Berkey.
“Are Berkey Water Filters Being Discontinued?”
No, Berkey water filters are NOT being discontinued. The replacement Black Berkey filters are merely unavailable while the current court proceedings are in progress.
Systems with Black Berkey filters are still available for sale as well as the only Berkey approved replacement filters called the Ultra Sterasyl Ceramic Filters
When Will Berkey Water Filters Be Back in Stock in the USA?
Berkey filters will be back in stock once legal action with the EPA has concluded. The outcome of the court case will determine whether Berkey filters will be forced to carry warning labels in the future, or if an injunction is granted so that the filters can resume current production as prior to the stop sale. However, while the manufacturers navigate this difficult transition, some authorized Berkey distributors still have a limited stock of Berkey systems along with the only Berkey approved replacement filters called the Ultra Sterasyl Ceramic Filters.
Why are some Berkey Water Filters dealers closing?
Some Berkey dealers were targeted and have been issued with a Stop-Sale Order by the EPA and cannot continue selling Berkey products unless they contain the newly required warning label. Understandably, this is very damaging to any small business, as most small businesses are unable to pay their overhead and remain in business if they cannot sell their products.
Who Else is Probing the EPA
Besides the legal action being taken by New Millennium Concepts requesting a temporary restraining order and preliminary injunction against the EPA to prevent it from enforcing the pesticide registration requirement on Berkey products, US Congressman Matt Gates (R-Fl) is also probing the EPA's new ruling. Congressman Gates recently submitted an open letter to EPA Administrator Regan requesting supporting documents to substantiate these new regulatory requirements, which not only discriminate against Berkey, but could harm the very public whose safety they are supposed to protect. Please read his letter to the EPA here.
As we navigate this difficult transition and its associated challenges, we are deeply grateful for the trust shown to us over the many years that we have been providing quality Berkey filtration systems and Black Berkey filtering products. We hope to maintain this trust and loyalty as we will continue to serve our clients in the future. Be confident that filters and systems will become more readily available in the future, however that exact timeline is not yet known, but we are hopeful it’s in the very near term.
FAQ
Why did they stop selling Berkey water filters?
The EPA issued a stop sale order on Black Berkey filters, requiring them to carry warning labels identifying them as pesticides. The continued production of Black Berkey filters has been paused pending the outcome of the appeals court, which will determine whether Berkey will need to put warning labels on its filters.
Why did Berkey go out of Business?
New Millenium Concepts, the manufacturer of Berkey products, has not gone out of business. Berkeyfilters.com, one of its authorized Berkey® dealers was terminated as a dealer due to dealer violationss, but the Berkey brand is alive and well.
Why did the EPA ban Berkey Water Filters?
The EPA has not banned Berkey Water Filters. It has classified the Black Berkey filters as pesticides due to their use of silver, which would require them to come with warning labels identifying them as such, which Berkey is contesting in court.
