The First Circuit Court of Appeals has upheld a ruling by the Environmental Protection Agency (EPA) that prohibits Berkey International, LLC from selling certain water filters. The court's decision, issued on September 18, 2026, confirms the EPA's authority to enforce pesticide regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This ruling affects Berkey, a company based in Puerto Rico, and could have broader implications for companies that manufacture similar products.
The case began when the EPA issued a Stop Sale, Use, or Removal Order against Berkey for its Black Berkey Filters, which contain silver—a substance classified as a pesticide. Berkey argued that the EPA's actions were arbitrary and capricious, claiming that the filters did not violate FIFRA regulations. However, the court found that Berkey failed to demonstrate a likelihood of success in its claims against the EPA.
Berkey International is a limited liability company that produces mechanical water filters. The specific filters at issue, the Black Berkey Filters, are marketed as capable of removing various contaminants from water. Despite their claims, the EPA determined that these filters were unregistered and misbranded pesticides under FIFRA. This ruling followed an inspection of Berkey's products and claims made on its websites.
The dispute escalated after the EPA issued a compliance advisory letter to a distributor of Berkey products in May 2022, stating that the filters violated FIFRA. Following this, the EPA conducted further inspections and ultimately issued the Stop Order on December 27, 2022. Berkey then filed a lawsuit against the EPA in March 2024, seeking to block the enforcement of the Stop Order.
In its ruling, the First Circuit Court affirmed the district court's decision, stating that Berkey had not shown a likelihood of success on its claims. The court noted, "Berkey has not shown the EPA lacked 'reason to believe' that the water filters were pesticidal products at the time that it issued the Stop Order." This statement underscores the court's support for the EPA's findings and its enforcement actions.
The court also addressed Berkey's arguments regarding the classification of its filters. Berkey claimed that the silver in its filters was not intended for a pesticidal purpose and that the filters should be classified as "devices" exempt from FIFRA registration. However, the court found that the EPA had sufficient grounds to conclude that the filters were indeed pesticides due to their incorporation of silver and the claims made about their effectiveness.
The ruling has significant implications for Berkey and similar companies. By affirming the EPA's authority to regulate products that contain pesticides, the court reinforces the importance of compliance with FIFRA. Companies that manufacture or sell products containing substances classified as pesticides must ensure they adhere to registration and labeling requirements to avoid enforcement actions from the EPA.
Looking ahead, Berkey may have the option to appeal the decision. However, details regarding any potential appeal or related cases were not available in the court filing. The outcome of this case may serve as a precedent for future disputes involving pesticide regulations and enforcement actions by the EPA.