Dispute between Berkey® and the EPA: Understanding the Issues and Consequences

Since 2022, a legal tug-of-war has been taking place between Berkey®, a recognised manufacturer of water filtration systems, and the US Environmental Protection Agency (EPA). At the heart of the dispute is the EPA's decision to reclassify Berkey® filters as ‘pesticides’ requiring specific approval. This new classification has resulted in major trade restrictions for the company, jeopardising the availability of its products worldwide.

A Conflict with International Repercussions

Until 2022, Berkey® filters were considered simple filtration devices and were not subject to any specific EPA regulations. However, the agency decided to change their status, believing that their ability to eliminate pathogenic microorganisms justified their reclassification as pesticides. This decision led to a ban on the sale of several Berkey® products in the United States, limiting their distribution and impacting their reputation.

Although this dispute is strictly governed by US law, its effects are being felt far beyond the borders, particularly in Europe, where the production and supply of Black Berkey® filters have been disrupted.

Views and Arguments

The EPA defends its position by stating that any product claiming to be effective against pathogens must be subject to the same standards as pesticides. According to the agency, these regulations are intended to guarantee consumer safety and the effectiveness of products available on the market.

Berkey®, for its part, rejects this classification, emphasising that its filters do not use any active chemicals, but function solely through a mechanical filtration process. The company accuses the EPA of arbitrarily interpreting the regulations and believes that this decision unfairly compromises its business.

One of the points of contention concerns the presence of silver in Berkey® filters, used to prevent bacterial proliferation. However, analyses confirm that the silver is not found in the filtered water, which invalidates the argument of a potential danger for consumption. See the explanation in our FAQ: https://berkey-store.com/en/faq/faq-water-filter-black-berkey/faq-silver-black-berkey-water-filter.html

An Ongoing Legal Battle

Faced with the restrictions applied, Berkey® has taken legal action to challenge the EPA's decision, citing a violation of administrative procedures. The outcome of the trial remains uncertain, but the company hopes to win the case, especially with the arrival of a new political administration in the United States in 2025, which is likely to bring a fresh perspective to the case.

Impact for Consumers and Industry

This case does not only concern Berkey®, but raises a broader issue about the regulation of water filtration devices. If the EPA's position is upheld, other manufacturers may be forced to comply with stricter requirements, resulting in additional costs and a reduction in the options available to consumers.

Furthermore, the disruption to the supply of Berkey® filters has already had a significant impact on the market. Consumers should be vigilant about counterfeits that are circulating due to the shortage of official filters.

A Conflict with Political and Economic Motivations?

Behind this regulatory battle, certain questions remain. Berkey® suggests that this reclassification could be influenced by lobbies linked to the bottled water industry, for whom the growing popularity of filtration systems represents a direct economic threat.

Whatever the outcome of this dispute, it serves as a reminder of the importance for consumers to be informed, to verify sources and to avoid media shortcuts that fuel misinformation. Access to quality drinking water is a major issue, and this debate illustrates the tensions that can exist between innovation, regulation and economic interests.