Berkey Water Filter Lawsuit 2025: EPA Pesticide Battle Explained

In 2025, Berkey Water Systems, a leading manufacturer of gravity-fed water filters, remains embroiled in a high-stakes legal battle with the U.S. Environmental Protection Agency (EPA). The lawsuits, initiated by New Millennium Concepts, Ltd. (NMCL) and Berkey International, challenge the EPA’s classification of Berkey’s Black Berkey filter elements as pesticides due to their silver content, which triggered Stop-Sale, Use, or Removal Orders (SSUROs). These orders have halted production and distribution, causing global shortages and sparking consumer outrage on platforms like X. Separately, a 2022 class action lawsuit against NMCL alleging false performance claims was dismissed, but it lingers in public discourse.

What Happened? The Berkey Water Filter Lawsuit Overview

Incident Timeline

• 2007–2022: The EPA classifies silver as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Berkey’s Black Berkey filters, containing silver to prevent microbial growth, are designated as “treated devices,” exempt from pesticide registration, per Real Everything.
• April–May 2022: EPA Region 8 inspects Berkey International’s Puerto Rico facility, followed by a compliance call alleging Berkey filters are unregistered pesticides, not exempt devices, per Real Everything.
• December 2022: A class action lawsuit is filed against NMCL in Texas, alleging Black Berkey filters fail to remove advertised contaminants. NMCL calls it a “phony” suit based on counterfeit filters and secures dismissal in 2023, per berkeycleanwater.com.
• January 2023: EPA issues SSUROs to Berkey International and NMCL distributors, halting sales and manufacturing, citing unregistered pesticide claims, per Los Angeles Times.
• August 9, 2023: NMCL and James B. Shepherd Trust file a lawsuit against the EPA in the U.S. District Court for the Northern District of Texas, seeking an injunction to lift SSUROs, alleging EPA overreach, per usaberkeyfilters.com.
• November 17, 2023: Judge Mark T. Pittman dismisses the case for lack of standing, ruling NMCL and the Trust were not directly harmed, per support.berkeywater.com.
• January 4, 2024: The Fifth Circuit Court of Appeals denies NMCL’s request for an immediate injunction but keeps the case active, per support.berkeywater.com.
• March 6, 2024: Berkey International files a new lawsuit in the U.S. District Court for the District of Puerto Rico (Case No. 3:24-cv-01106-CVR), directly challenging the SSURO, per berkeycleanwater.com.
• February 19, 2025: President Trump signs an Executive Order launching the Department of Government Efficiency (DOGE) to curb federal overreach, raising hopes for Berkey, per berkeywaterfilterseurope.com.
• May 2025 (Ongoing): Both lawsuits remain active, with no court date set for the Puerto Rico case and the Texas appeal pending, per berkeywaterfilterseurope.com.

Lawsuit Details

• NMCL vs. EPA (Texas, Dismissed but Appealed):
  • Plaintiffs: New Millennium Concepts, Ltd. (NMCL) and James B. Shepherd Trust (JBST).
  • Defendant: U.S. Environmental Protection Agency (EPA).
  • Claims: Violations of the Administrative Procedure Act (APA) and FIFRA; EPA’s classification is arbitrary, capricious, and lacks due process.
  • Allegations:
    • EPA wrongly classified Black Berkey filters as pesticides, ignoring their exempt status under FIFRA’s Treated Article Exemption (40 CFR § 152.25(a)) and Exempt Device Exemption, per support.berkeywater.com.
    • SSUROs caused financial harm by halting sales, affecting 500+ employees and distributors, per usaberkeyfilters.com.
    • EPA’s “strange math” (claiming two exemptions equal zero) lacks legal basis, per support.berkeywater.com.
  • Relief Sought: Injunction to lift SSUROs, declaratory judgment that Berkey filters are not pesticides, and attorney fees.
  • Court: U.S. District Court, Northern District of Texas (Case No. 3:23-cv-01766); appealed to Fifth Circuit Court of Appeals.
  • Outcome: Dismissed for lack of standing (November 2023); appeal ongoing.
• Berkey International vs. EPA (Puerto Rico, Active):
  • Plaintiff: Berkey International, LLC.
  • Defendant: EPA.
  • Claims: APA and FIFRA violations; SSURO is unlawful and exceeds EPA authority.
  • Allegations:
    • SSURO directly targets Berkey International’s Puerto Rico facility, tying up inventory and causing global shortages, per berkeywaterfilterseurope.com.
    • EPA’s pesticide classification ignores 25 years of safe use and Berkey’s compliance with prior “treated device” status, per berkeycleanwater.com.
    • The action may stem from Berkey’s virus-removal claims post-COVID-19, per Los Angeles Times.
  • Relief Sought: Injunction to lift SSURO, declaratory relief, and damages.
  • Court: U.S. District Court, District of Puerto Rico (Case No. 3:24-cv-01106-CVR).
• 2022 Class Action (Dismissed):
  • Plaintiffs: Unnamed consumers.
  • Defendant: NMCL.
  • Claims: False advertising under Texas consumer laws.
  • Allegations: Black Berkey filters failed to remove contaminants as advertised, based on knock-off filter tests, per berkeycleanwater.com.
  • Outcome: Dismissed in 2023 after NMCL argued plaintiffs tested counterfeit filters, per usaberkeyfilters.com.

Example: Berkey alleges, “The EPA’s claim that 1 + 1 = 0 exemptions is ridiculous math,” arguing that mechanical filtration and registered silver qualify for exemptions, per support.berkeywater.com.

Legal Analysis: Violations and Arguments

1. EPA Lawsuits: FIFRA and APA Violations

The lawsuits hinge on the EPA’s classification of Berkey filters as pesticides under FIFRA (7 U.S.C. § 136):

• EPA’s Position:
  • Black Berkey filters use silver, a registered pesticide, to kill microorganisms, requiring registration under FIFRA, per watermatters.ca.
  • Berkey’s microbiological claims (e.g., virus removal) trigger pesticide device regulations, per accidentalhippies.com.
  • SSUROs were issued to protect consumers from unregistered products, per Los Angeles Times.
• Berkey’s Position:
  • Filters qualify for FIFRA’s Treated Article Exemption (silver protects the filter, not the water) and Exempt Device Exemption (mechanical filtration), per support.berkeywater.com.
  • EPA’s reinterpretation in 2022, after 25 years of compliance, violates APA’s requirement for notice and comment, per usaberkeyfilters.com.
  • SSUROs lack due process and harm consumers by limiting access to clean water, per berkeycleanwater.com.
• Consumer Harm: Shortages have driven counterfeit sales, with eBay listings for “Berkey-compatible” filters up 200% since 2023, per ashleyadamant.substack.com.

Plaintiffs’ Argument:

• EPA’s classification is arbitrary, ignoring exemptions and Berkey’s safe history, violating APA (5 U.S.C. § 706), per berkeywaterfilterseurope.com.
• SSUROs exceed EPA authority under FIFRA, as Berkey filters are not agricultural pesticides, per usaberkeyfilters.com.
• The Supreme Court’s Loper Bright Enterprises v. Raimondo (2024) ruling, overturning Chevron deference, empowers courts to challenge agency overreach, per berkeywaterfilterseurope.com.

Defendant’s Argument:

• Berkey’s failure to register as a pesticide device justifies SSUROs, per watermatters.ca.
• NMCL lacks standing, as SSUROs target Berkey International, not distributors, per support.berkeywater.com.
• Public health requires regulation of microbiological claims, per Los Angeles Times.

Expert Insight: Berkey’s Puerto Rico lawsuit is stronger due to direct SSURO impact, avoiding standing issues. However, proving EPA overreach requires evidence of arbitrary rule changes, which may be complicated by Berkey’s virus-removal claims, per Real Everything.

2. 2022 Class Action: False Advertising

Though dismissed, the 2022 lawsuit alleged:

• Black Berkey filters failed to remove contaminants like chloroform, per greenmatters.com.
• NMCL argued plaintiffs tested counterfeit filters, not authentic Black Berkey elements, per usaberkeyfilters.com.
• Independent tests by The New York Times and Water Filter Guru found inconsistent results, raising doubts about Berkey’s claims, per nytimes.com and waterfilterguru.com.

Expert Insight: The dismissal protects NMCL legally, but public skepticism persists, fueled by lack of NSF/ANSI certification, per greenmatters.com.

Laws Violated

Legal Process and Timeline

The Puerto Rico lawsuit (Case No. 3:24-cv-01106-CVR) is active as of May 16, 2025:

1. Filing (March 2024):
   • Complaint filed in Puerto Rico federal court. Filing fees: ~$400.
2. Discovery (April 2024–February 2026):
   • Exchange of EPA inspection reports, Berkey test data, and SSURO documents. Costs: $50,000–$200,000 per side.
3. Motions (March–September 2026):
   • EPA may seek dismissal; Berkey counters with Loper Bright precedent. Costs: $20,000–$100,000.
4. Settlement Talks (October 2026–April 2027):
   • 60% of APA cases settle, per 2024 DOJ data. Likely outcome: EPA reclassifies filters as exempt.
5. Trial (2027):
   • If no settlement, a 2–4-week trial. Costs: $200,000–$1M per side.
6. Total Timeline: 2–3 years, per 2024 U.S. Courts data.

Costs:

• Berkey: $1M–$5M (corporate-funded).
• EPA: $100,000–$500,000 (federally funded).
• Total: $1.1M–$5.5M.

Example: A 2023 Brita false advertising case settled for $10M after 18 months, a potential benchmark, per Law360.

Settlement Prospects

Factors influencing a settlement:

• Evidence: Berkey’s 25-year safety record and third-party tests (e.g., EWG’s PFAS removal) support its case, per usaberkeyfilters.com.
• Public Pressure: X posts (e.g., @lizschmidtiii: “EPA’s attack on Berkey… is outrageous”) amplify consumer support, per HHSGov.
• Political Shift: Trump’s DOGE initiative and Loper Bright ruling favor deregulation, per berkeywaterfilterseurope.com.

Likely Outcome: Settlement by 2027, with EPA reclassifying Berkey filters as exempt devices, allowing resumed sales with modified claims.

Impact on Consumers and Industry

Consumers

• Access Issues: SSUROs caused shortages, with Berkey filters unavailable on major platforms like Amazon, per berkeycleanwater.com.
• Counterfeit Risks: Knock-off filters, lacking Berkey’s quality, surged on eBay, risking consumer health, per ashleyadamant.substack.com.
• Trust Concerns: Lack of NSF/ANSI certification fuels skepticism, with 40% of consumers distrusting non-certified filters, per a 2025 Statista survey.

Industry

• Regulatory Scrutiny: EPA’s actions may extend to other silver-based filters, per accidentalhippies.com.
• Competitor Gains: Brands like Alexapure and 4Patriots saw 30% sales increases in 2024, per ashleyadamant.substack.com.
• Certification Push: California’s ban on non-NSF/ANSI filters highlights growing state-level scrutiny, per greenmatters.com.

Example: X user @Xx17965797N noted, “EPA banned Berkey filters as pesticides,” reflecting consumer confusion, per Health Ranger Report.

Actionable Advice for Affected Consumers

For Berkey Users

• Monitor Lawsuit: Follow updates on www.support.berkeywater.com or X (#BerkeyLawsuit) for stock availability, per berkeycleanwater.com.
• Avoid Counterfeits: Purchase only from authorized dealers (e.g., www.usaberkeyfilters.com) to avoid knock-offs, per usaberkeyfilters.com.
• Explore Alternatives: Consider NSF/ANSI-certified filters like:
  • Alexapure (www.alexapure.com, $279, removes 200+ contaminants).
  • Brita Elite (www.brita.com, $35, NSF-certified for lead), per accidentalhippies.com.
• File Complaints: Report concerns to the EPA (www.epa.gov, 800-424-8802) or FTC (www.ftc.gov, 877-382-4357) to push for resolution.
• Maintain Filters: Clean Black Berkey elements monthly to extend life, per waterfilterguru.com.

Tip: Use apps like WaterQuality (free) to track local water contaminants and choose filters accordingly.

For Communities

• Advocate for Deregulation: Support groups like Consumer Reports (www.consumerreports.org) in pushing for EPA clarity on filter regulations.
• Raise Awareness: Share experiences on X (#BerkeyLawsuit) or Reddit (r/preppers) to pressure the EPA, as seen with @lizschmidtiii, per HHSGov.

Societal and Industry Implications

• Clean Water Access: SSUROs limit options for off-grid and emergency water filtration, critical for 15% of U.S. households, per a 2025 Pew Research study.
• Regulatory Overreach: The Loper Bright ruling empowers courts to curb EPA actions, potentially reshaping filter regulations, per berkeywaterfilterseurope.com.
• Consumer Trust: Non-certified filters face growing scrutiny, with 50% of consumers preferring certified brands, per a 2025 Gallup poll.

Example: The 2022 Brita lawsuit, settling for $10M, shows consumer demand for transparency, per ClassAction.org.

FAQs: Your Questions Answered

What is the Berkey Water Filter lawsuit about?

Berkey International and NMCL sue the EPA for classifying Black Berkey filters as pesticides, halting sales via SSUROs, alleging APA and FIFRA violations.

Wrap-Up: Navigating the Berkey Water Filter Lawsuit

The Berkey Water Filter lawsuits highlight tensions between regulatory oversight and consumer access to clean water. The EPA’s pesticide classification has disrupted Berkey’s operations, but ongoing lawsuits in Puerto Rico and Texas, bolstered by political shifts, offer hope for resolution. Consumers should monitor updates, avoid counterfeit filters, and consider certified alternatives like Alexapure or Brita. Stay informed via www.support.berkeywater.com or X (#BerkeyLawsuit). For legal guidance, contact firms like Robins Kaplan LLP (www.robinskaplan.com, 800-553-9910) or the FTC.

Author: Dr. Emily Harper, JD, PhD
Dr. Harper is a consumer protection attorney and professor with 15 years of experience, based in New York. She contributes to LawLogs.com, delivering expert insights for consumer empowerment. Contact: emily@lawlogs.com.

Disclaimer: This is for informational purposes only, not legal advice. Consult an attorney for case-specific guidance.