Is Berkey Going Out of Business? Why Black Berkey Filters Are Unavailable

Last updated: September 10, 2026

If you have recently searched for Black Berkey® replacement elements and found them unavailable, you are not imagining it. The shortage is connected to an ongoing regulatory and legal dispute involving the U.S. Environmental Protection Agency (EPA), New Millennium Concepts, Ltd. (NMCL), Berkey International, and Black Berkey products.

This guide explains what the EPA did, what Berkey disputes, why genuine Black Berkey replacement elements are difficult to find, which Berkey products remain available, and what current owners can use as a replacement option. We will update this page when reliable new information becomes available.

Current Status at a Glance

Why Are People Asking Whether Berkey Is Going Out of Business?

Several separate events have been blended together online, creating the impression that the entire Berkey brand has closed:

• Black Berkey replacement elements have disappeared from authorized dealer inventory. Customers searching several stores saw the same “sold out” message and reasonably assumed production had ended.
• BerkeyFilters.com closed. That website was an independently operated dealer, neither NMCL itself nor TheBerkey.com. The closure of one dealer did not mean the Berkey manufacturer had closed.
• EPA stop-sale orders were described online as a complete “Berkey ban.” The actual orders concern specified Black Berkey products and named recipients; they are not written as a shutdown order for every stainless-steel Berkey housing, accessory, or compatible replacement element.
• Older court and manufacturer updates continue to circulate. Articles, forum posts, and videos often combine events from 2022, 2023, 2024, and 2025 without clearly identifying their dates.
• New Berkey systems and standalone replacement elements are frequently confused. A dealer may still possess complete-system inventory even when separate Black Berkey replacement elements are unavailable.

The central distinction is this: the availability problem concerns standalone Black Berkey replacement elements; it does not, by itself, establish that NMCL or every Berkey retailer has gone out of business.

The situation in one simple sequence

What Did the EPA Do?

Beginning in late 2022 and continuing in 2023, the EPA issued Stop Sale, Use, or Removal Orders—often abbreviated as SSUROs—covering specified Black Berkey products held by certain Berkey-related businesses and retailers.

The EPA acted under the Federal Insecticide, Fungicide, and Rodenticide Act, commonly called FIFRA. Although FIFRA is best known as the federal law governing pesticides, it also addresses certain products and devices that make claims involving pests.

In its May 8, 2023 order to Berkey International, the EPA cited online and product-related statements concerning:

• Silver used in Black Berkey elements;
• claims that silver helped protect or “self-sterilize” the filter element; and
• Historical product claims concerning the reduction of microorganisms.

Based on the statements described in the order, the EPA concluded that the covered Black Berkey products were being sold in violation of FIFRA requirements. The agency ordered the named recipient to stop selling, using, or removing the covered products unless authorized by the EPA.

What Are the EPA and Berkey Arguing?

The EPA’s position

In its enforcement documents, the EPA states that claims associated with the covered Black Berkey products brought those products within FIFRA. The agency alleged that the products were not properly registered and/or labeled as required under its interpretation of the law.

The full EPA order contains the agency’s specific factual allegations and legal basis. Readers who want the precise wording should review the May 8, 2023 EPA Stop Sale, Use, or Removal Order.

Berkey’s position

NMCL and Berkey International dispute the EPA’s classification and enforcement approach. Their court filings argue, among other things, that the filtration products should not be treated as unregistered pesticides, that silver-containing media protects the filter element rather than functioning as a pesticidal treatment for the water, and that the EPA changed or applied its interpretation inconsistently.

Those statements represent Berkey’s legal position, not a final court determination. The government disputes the claims, and the litigation has involved procedural and jurisdictional questions in addition to the underlying FIFRA issue.

EPA–Berkey Timeline

Court cases can involve multiple claims, parties, appeals, and procedural rulings. This timeline is a consumer-oriented summary and is not legal advice.

What This Dispute Does—and Does Not—Mean

Why Are Black Berkey Replacement Elements Out of Stock?

The practical reason is that EPA stop-sale orders and the continuing legal dispute disrupted the manufacture and normal authorized distribution of standalone Black Berkey replacement elements in the United States.

This is not an inventory issue unique to TheBerkey.com. Authorized dealers have faced the same supply limitation. As a result, genuine new Black Berkey replacement elements are not currently available through ordinary authorized channels as they were before the enforcement actions.

The words “temporarily unavailable” should also be used carefully. The elements may return, but no reliable return date has been announced. Until the regulatory situation changes or NMCL announces a compliant path forward, customers should not assume that new standalone Black Berkey elements will become available on a particular schedule.

Can You Still Buy a New Berkey System?

Yes. Berkey® stainless-steel gravity-fed systems remain available. If you are buying a new system, check the individual product page for the exact filter configuration currently included.

If you are deciding which size fits your household, the Berkey® system comparison is the fastest place to compare capacities. The Big Berkey® remains the most popular general-purpose size, while the Travel and Royal models provide smaller and larger alternatives.

Before ordering, review the specific product page to confirm:

• Which filter elements are included;
• Which certifications apply to that exact system-and-filter configuration;
• The stated filter capacity and replacement schedule; and
• Whether optional PF-2® Fluoride and Arsenic Reduction Elements are compatible.

Customers comparing sizes can begin with our Berkey® water filter comparison or view popular systems:

• Travel Berkey® Water Filter
• Big Berkey® Water Filter
• Royal Berkey® Water Filter
• Imperial Berkey® Water Filter
• Crown Berkey™ Water Filter

What Should Existing Berkey Owners Use Now?

For customers who need replacement elements for a standard Berkey® system, TheBerkey.com currently offers the Phoenix Gravity New Millennium Edition™ Filter Elements. Phoenix is a different filter product—not a renamed Black Berkey® Element—but it is designed as a compatible replacement for Berkey® gravity-fed systems.

Each Phoenix element has a designed service capacity of approximately 2,750 gallons, or approximately 5,500 gallons per pair, subject to water quality and use. It uses premium CTC-60 coconut-shell carbon and is compatible with Berkey PF-2® Fluoride and Arsenic Reduction Elements.

What Phoenix Gravity elements are certified for

The Phoenix Gravity New Millennium Edition Filter Element PGF9-2 appears in the official NSF listings under NSF/ANSI Standard 42 for chlorine reduction and taste-and-odor reduction. It is also associated with lead-content compliance requirements under NSF/ANSI/CAN Standard 372.

These certifications should not be interpreted as certification for every substance evaluated in separate laboratory reports. Standard 42 addresses specified aesthetic effects, while Standard 372 concerns lead content in materials—not the removal of lead from drinking water.

You can verify the current listings in the official NSF Standard 42 product directory and the relevant NSF lead-content directory.

Separate third-party performance testing

Phoenix Gravity elements have also been evaluated by third-party laboratories for the reduction of various substances, including certain PFAS compounds, volatile organic compounds, metals, pharmaceuticals, pesticides, and other contaminants. These reports are separate from the NSF certifications and should be described as laboratory test results rather than additional NSF-certified claims.

• Chemical, VOC, pesticide and metals report
• Metals, VOC, PFAS and additional substances report
• Pesticide, herbicide, SVOC and pharmaceutical report
• Extended PFAS test report
• Metals and inorganic substances report

Black Berkey vs. Phoenix Gravity Elements

For a deeper side-by-side comparison, see Phoenix Gravity vs. Black Berkey® Elements: What’s the Difference?. You can also review our Berkey® replacement-filter guide for current purchasing options.

Be Careful With “Black Berkey” Listings on Marketplaces

Scarcity creates an opportunity for counterfeit, used, old-stock, or inaccurately described products. A listing that uses Berkey-related words does not necessarily contain a genuine Black Berkey element.

Before purchasing a replacement filter from an unfamiliar seller:

• Verify the exact manufacturer and model name;
• Do not assume “Berkey compatible,” “Berkey-style,” or “black filter” means Black Berkey;
• Look for clear warranty and return information;
• Be cautious when a seller claims to have unlimited quantities of a product unavailable through ordinary authorized distribution;
• Avoid relying solely on marketplace reviews that may apply to several different products grouped under one listing; and
• Purchase from a reputable retailer that clearly identifies the product it is selling.

We do not recommend assuming that every remaining listing is counterfeit. Some sellers may possess legitimate older inventory. The important point is that customers should verify authenticity and condition rather than relying on the product title alone.

Is TheBerkey.com Still in Business?

Yes. TheBerkey.com has been an authorized Berkey dealer since 2016. We continue to process orders, provide product information, and support customers with Berkey systems, current replacement filters, and accessories.

The closure or disappearance of another Berkey-related retailer does not mean that TheBerkey.com or NMCL has closed. Dealers are independently operated businesses and can make different decisions in response to inventory, regulatory, financial, or operational conditions.

What happened to BerkeyFilters.com?

BerkeyFilters.com was a separate dealer website and was not the manufacturer. NMCL published a statement in December 2023 clarifying that the dealer’s closure did not affect the Berkey brand's continued operation. Because TheBerkey.com was not a party to that dealer relationship, we do not independently characterize the contractual reasons for the closure, other than directing readers to NMCL’s own public statement.

When Will Black Berkey Elements Come Back?

There is no confirmed return date.

The eventual outcome may depend on court decisions, further EPA action, revised claims or labeling, product registration decisions, reformulation, manufacturing choices, or another regulatory path. Until NMCL or the EPA publishes a definitive update, any specific return date would be speculation.

We will update this article when reliable news becomes available. When reviewing other reports, check both the publication date and the date of the underlying court action. Older summaries are frequently recirculated as though they were new developments.

If your current Black Berkey® Elements are still within their useful service life, there is no need to replace them simply because standalone replacements are unavailable. When replacement is actually needed, review the Phoenix Gravity product page or our replacement-filter guide.

Primary Sources and Further Reading

Frequently Asked Questions

Related Berkey Resources

• Phoenix Gravity New Millennium Edition™ Filter Elements
• Berkey Replacement Filters: Current Options
• Big Berkey® Water Filter
• Travel Berkey® Water Filter
• Royal Berkey® Water Filter
• Compare Berkey® Water Filter Systems
• Phoenix Gravity vs. Black Berkey® Elements
• Drinking Water Contaminants Reference Guide

Editorial and legal note: This article is an informational summary for customers and is not legal advice. TheBerkey.com is an independent authorized Berkey retailer and is not the EPA, a court, or legal counsel for the parties. Statements describing the parties’ allegations are identified as their respective positions and should not be read as findings of fact unless a cited court or agency document says otherwise.