Berkey Water Filters Sues the EPA for Unjustifiably Classifying Its Products as Pesticides - Safecastle

Berkey Water Filters Sues the EPA for Unjustifiably Classifying Its Products as Pesticides

The EPA Lawsuit

Water filter manufacturers and distributors have filed a suit against the Environmental Protection Agency (EPA), alleging it has misclassified their products as pesticides. The lawsuit, filed on Aug 9,2023 in the U.S. District Court for Western Washington, alleges the classification of non-electrical filters as pesticides by EPA as being arbitrarily and capriciously done, breaching FIFRA.

FIFRA mandates that all pesticides be registered with the Environmental Protection Agency, yet non-electrical water filters do not. Plaintiffs contend their products do not constitute pesticides since they use nonchemical methods of purifying water, such as activated carbon filtration, UV light treatment, and reverse osmosis to filter contaminants out.

It remains to be determined how the EPA will defend its decision to classify non-electrical water filters as pesticides in response to the complaint; however, EPA has long recognized their classification. As early as 1976, they issued a policy statement asserting that water filters that use ion-generating equipment to kill germs constitute pesticides under FIFRA and have since upheld this position in various documents.

The outcome of this case could have significant ramifications on the water filter industry. If successful, EPA may reclassify non-electrical water filters as non-pesticides and reduce registration requirements from manufacturers and distributors of these products as well as possibly leading to lower prices for consumers.

This case is still early in its litigation and its outcome remains unknown; nonetheless, it should be followed closely as its decision could have a dramatic effect on how water filters are regulated within the United States.

Also read: Buyer Beware: Counterfeit Berkey Filters

What Does the Lawsuit Mean for Berkey Filter Users?

The EPA lawsuit against Berkey Water Filters is a significant development for Berkey users. If Berkey is successful, it could lead to lower prices for Berkey filters and other non-electrical water filters. It could also lead to changes in the way that the EPA regulates water filters.

However, it is important to note that the lawsuit is still in the early stages of litigation, and it is not clear when it will be resolved. In the meantime, Berkey filter users should continue to use and maintain their filters as directed.

New Millennium Concepts Ltd ("NMCL") and James B Shepherd Trust, brand owner of Berkey Water Filters, filed suit this week against the United States Environmental Protection Agency. Their goal: stop its unjust treatment and perceived persecution of Berkey Filters due to an EPA decision earlier this year that treated them like pesticides instead of water filters.

Impact for consumers.

If the plaintiffs in this case are successful, the results could have several beneficial ramifications for consumers. First and foremost, it could lead to lower prices for non-electrical water filters; currently manufacturers and distributors must incur the expense of registering them with the Environmental Protection Agency and pass this cost along in higher prices for consumers.

Also Read: Why are Berkey Water Filters Banned in California?

Reclassifying non-electrical water filters as non-pesticides could make them easier for consumers to locate and purchase. Retailers may be reluctant to sell non-electrical water filters because of regulatory burden concerns associated with them; by classifying these products as non-pesticides instead, retailers could become more inclined to sell them and consumers could gain easier access to these products.

We are an authorized dealer of Berkey Water Filter Systems - Replacement Filters & Accessories. Buy genuine Berkey products backed by the manufacturer's warranty directly from us.

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