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What is the Berkey lawsuit about?

Published in Water Filter Lawsuit 2 mins read

The Berkey lawsuit centers on New Millennium Concepts, Ltd. (NMCL), the brand owner of Berkey Water Systems, taking legal action against the Environmental Protection Agency (EPA). The core of the dispute revolves around the EPA's classification of Berkey Water Filters as pesticides and NMCL's efforts to overturn a resulting Stop-Sale order.

The Core Dispute: Pesticide Classification

The Environmental Protection Agency (EPA) classified Berkey Water Filters as pesticides. This classification is a critical point of contention, as it implies that the filters are regulated under pesticide control laws, rather than as water purification devices.

As a direct consequence of this classification, the EPA issued a Stop-Sale Use or Removal Order (SSURO) against Berkey International, the manufacturer. This order effectively halted the sale and distribution of Berkey water filter products.

Parties Involved and Their Objectives

The lawsuit involves two primary parties, each with distinct roles and objectives:

New Millennium Concepts, Ltd. (NMCL)

  • Role: NMCL is the brand owner of Berkey Water Systems.
  • Objective: Their primary goal in filing the lawsuit is to seek an injunction. This injunction aims to lift the Stop-Sale Use or Removal Order (SSURO) that has been placed on Berkey International, thereby allowing the sale and distribution of their water filters to resume. NMCL disputes the EPA's classification of their filters as pesticides.

Environmental Protection Agency (EPA)

  • Role: The EPA is the federal agency responsible for protecting human health and the environment.
  • Action: They are the entity that classified Berkey Water Filters as pesticides and subsequently issued the Stop-Sale Use or Removal Order. Their actions are based on their interpretation of regulatory requirements for products with certain claims or characteristics.

Timeline and Implications

The lawsuit was publicly announced in August 2023. The issuance of a Stop-Sale order has significant implications for Berkey Water Systems, as it directly impacts their ability to operate and distribute their products in the market. The lawsuit represents NMCL's formal challenge to the EPA's regulatory decision and its consequences.

The table below summarizes the key aspects of the Berkey lawsuit:

Aspect Details
Plaintiff New Millennium Concepts, Ltd. (NMCL), brand owner of Berkey Water Systems
Defendant Environmental Protection Agency (EPA)
Core Issue EPA classifying Berkey Water Filters as pesticides
NMCL's Goal Seeking an injunction to lift the Stop-Sale Order (SSURO)
Announced August 2023