Appeals court backs EPA stop-sale order on Black Berkey filters
Can you still buy Black Berkey filters?
On September 18, 2026 the First Circuit affirmed the denial of Berkey International's request for a preliminary injunction against EPA's 2023 stop-sale order, so the order on Black Berkey filters and systems containing them stays in place.
EPA issued the stop-sale order to Berkey International on May 8, 2023. It treats Black Berkey filters as unregistered and misbranded pesticides under FIFRA because they contain silver and were sold with antimicrobial claims.
The order bars sale of Black Berkey filters and of filters that contain them; the court notes Black Berkey filters are a component of Travel, Big and Royal Berkey systems.
In Berkey International v. EPA (No. 24-1917), the First Circuit held that Berkey had not shown it was likely to win its claims under the Administrative Procedure Act, and affirmed the district court in Puerto Rico. The ruling is about pesticide registration and labeling, not filter performance.
Berkey systems fitted with Phoenix Gravity elements are listed by NSF under NSF/ANSI 42 for chlorine, taste and odor only; Black Berkey elements have no NSF/ANSI certification in the listings we checked.
Filters in this update
