Legal dispute between Berkey® and the EPA: issues and prospects

The origin of this dispute lies in the EPA's decision to reclassify Berkey® filters as "pesticides" requiring specific approval, whereas they were previously considered as "devices" exempt from this requirement.

This reclassification resulted in a ban on the sale of several Berkey® products, causing a significant commercial impact. In response, Berkey® filed a lawsuit against the EPA, alleging improper classification and a violation of the Administrative Procedure Act. This is a lawsuit that only affects the United States; the EPA has no legislative power over Europe. However, this situation has led to an interruption in the production of Black Berkey® filters, affecting their availability worldwide, including in Europe.

Background to the dispute

For several years, Berkey® has been marketing water filtration systems, widely used for their effectiveness in removing contaminants. Until 2022, these devices were regulated as mechanical equipment and did not require any special approval. However, the EPA has reassessed their classification, deeming that these filters should be considered as "pesticides" due to their ability to neutralize certain pathogenic microorganisms.

This reclassification led the EPA to order a halt to the sale of certain Berkey® products, a measure that significantly affected the company by limiting its distribution and damaging its reputation among consumers.

There are of course no pesticides in Berkey® filters, which is often the shortcut taken following publications by the brand's many detractors. The other argument put forward by Berkey®'s competitors trying to create a buzz with this subject is that Berkey® filters are simply ineffective.

What we must fight today is ignorance, dishonesty and misinformation.

Remember that the ability of Berkey® filters to remove bacteria and viruses is only "mechanical". Explanations here: https://berkey-france-millenium.fr/en/content/11-how-the-berkey-water-filter-operates

Arguments of both parties

EPA position: The Agency maintains that Berkey® filters must be subject to stricter standards to guarantee their effectiveness and safety. According to the EPA, any device that claims to eliminate or neutralize pathogens must be subject to a certification process similar to that for pesticides.

Berkey®'s position: For its part, the company disputes this classification, arguing that its filters work by a mechanical and physical process, without the use of active chemical substances. It believes that the EPA is overstepping its authority and applying inappropriate regulations, which unjustifiably compromises its commercial activity.

The only thing highlighted in the EPA's accusation is the presence of silver in the filters, which has a bacteriostatic effect. But this silver does not pass into the water, as supported by analyses. See the explanation here: https://berkey-france-millenium.fr/en/faq/black-berkey-filter-elements/faq-do-black-berkey-water-filters-contain-silver.html

Legal proceedings and decisions

Following the restrictions imposed by the EPA, Berkey® took legal action to challenge this reclassification. The company alleged a violation of the Administrative Procedure Act, claiming that the EPA had arbitrarily changed its interpretation of the regulations in force.

Implications for industry and consumers

This dispute has repercussions beyond the Berkey® company alone. It raises questions about the regulation of water filtration systems and how authorities can reclassify products based on new interpretations of existing standards.

For manufacturers, this precedent could mean an increase in regulatory requirements, involving additional costs for compliance. On the consumer side, the reduction in supply and the possibility of price increases due to administrative constraints are major concerns.

Future prospects

In 2025, Berkey® will continue to operate at a reduced capacity similar to that of 2024. With a new administration in power (including a change of leadership within the EPA), Berkey® hopes to be able to obtain a resolution without having to pursue the litigation.

In the future, it will be interesting to see whether the EPA extends this reclassification to other filtration brands or whether legislative amendments clarify the regulations in this sector.

Conclusion

The conflict between Berkey® and the EPA illustrates the tensions that exist between technological innovation and administrative regulation. While the objective of consumer protection is legitimate, the rigidity of regulatory classifications can sometimes be detrimental to companies that have nevertheless proven the effectiveness and safety of their products. We are alerting consumers to the current availability of Berkey® filters on certain websites, while filters sold separately from the systems have been out of distribution for almost a year. Beware of counterfeits!

For our part, we suspect that this EPA injunction was strongly influenced by the bottled water company lobbies, because given the growing number of households equipping themselves with a Berkey® system, that's so many fewer bottled water consumers.

Be your own judge, get informed and don't spread misinformation. That's the only way to fight for the right to remain self-sufficient in drinking water.