Updated October 27, 2026 · Berkey business status and EPA litigation
Is Berkey going out of business? No. Berkey is not going out of business. The Berkey brand remains active, with water filtration systems, accessories, and compatible replacement filters continuing to be available through authorized dealers, including TheBerkey.com.
Although ongoing regulatory disputes with the U.S. Environmental Protection Agency (EPA) have affected the availability of certain products, particularly Black Berkey® replacement elements, Berkey continues to offer new filtration options, including systems equipped with Phoenix Gravity New Millennium Edition™ Filter Elements.
Is Berkey going out of business?
No. Berkey is not going out of business. The Berkey brand remains active, and Berkey water filtration systems, accessories, and compatible replacement filters continue to be available through authorized dealers, including TheBerkey.com.
The confusion largely stems from the closure of certain independent Berkey retailers and ongoing regulatory disputes with the U.S. Environmental Protection Agency (EPA). While these developments have disrupted the availability of Black Berkey® replacement elements, they do not mean that the Berkey brand has shut down.
In fact, the brand continues to evolve. Berkey has introduced systems equipped with Phoenix Gravity New Millennium Edition™ Filter Elements, including configurations certified to NSF/ANSI 42 for chlorine reduction and taste-and-odor reduction. These developments demonstrate that Berkey products remain available even as the company navigates regulatory challenges.
The bottom line: Berkey remains in business. The availability of certain products has changed, but customers can still purchase Berkey systems and obtain support through authorized dealers.
But the EPA situation is not resolved simply because the business remains open. In a September 18, 2026 decision, a federal appeals court affirmed the denial of preliminary relief against EPA enforcement. This did not lift the stop-sale order or decide every possible future legal or regulatory avenue.
Why Do People Think Berkey Is Going Out of Business?
Three developments have contributed to confusion: an established Berkey dealer announced its closure, EPA stop-sale orders affected certain filters and products containing them, and the ensuing litigation created uncertainty about future distribution.
In December 2023, NMCL addressed the closure of BerkeyFilters.com, a separate dealer, in a public statement. NMCL said the dealer's closure did not mean the Berkey brand itself was closing. That statement is historically relevant, but should not be treated as a fresh announcement about every business's condition in 2026.
Read the December 2023 manufacturer's statement.
Berkey Brand vs. Manufacturer vs. Authorized Dealers
Different companies have different roles in the Berkey product ecosystem. A change affecting one should not automatically be attributed to all of them.
| Entity | Role | What customers should understand |
|---|---|---|
| New Millennium Concepts, Ltd. (NMCL) | Berkey brand owner and manufacturer-facing product/support organization | Publishes Berkey notices, product resources, and dealer information. |
| Berkey International, LLC | Manufacturing/distribution company involved in the cited federal litigation | The EPA's 2023 order and the 2026 appeal concern this named party and specified products. |
| Independent authorized dealers | Retail sales and customer support | Each dealer has its own business operations, inventory, and policies. |
| TheBerkey.com | Independent authorized dealer since 2016 | Still operates, provides product information, and assists customers with orders and available replacement options. |
To learn how to verify a retailer and evaluate warranty and authenticity questions, see our authorized Berkey dealer buying guide.
What Is the EPA Dispute About?
In May 2023, the U.S. Environmental Protection Agency issued a Stop Sale, Use, or Removal Order under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to Berkey International covering specified water filters containing silver.
The disagreement concerns how FIFRA applies to the products, including the intended role of silver and the associated product claims. EPA treated the covered products as subject to pesticide registration requirements. Berkey challenged the agency's interpretation and enforcement action.
Important distinction: A FIFRA enforcement dispute is not itself proof that the entire Berkey company has closed. Nor should the order be described as a routine consumer recall or as a final court determination that every Berkey system has the same regulatory status.
The EPA's May 8, 2023 order identifies the affected products and restrictions. It is important not to assume that complete systems containing covered elements are categorically outside the scope of the order.
What Did the Court Rule on September 18, 2026?
The U.S. Court of Appeals for the First Circuit, in Berkey International, LLC v. EPA (No. 24-1917), affirmed the district court's denial of a preliminary injunction sought by Berkey International.
The appeals court held that Berkey had not substantiated its position that the silver was not intended for a pesticidal purpose sufficiently to show a likelihood of success on its Administrative Procedure Act claims. Therefore, the request to temporarily block EPA enforcement did not succeed.
What the ruling did not do: It did not grant permission to resume sales of covered products. It also was not a final merits judgment disposing of every conceivable claim, regulatory submission, or future pathway. A preliminary-injunction appeal and a final resolution of a dispute are legally different.
Readers can examine the full September 18, 2026 First Circuit opinion.
Key milestones
| Date | Development |
|---|---|
| December 2022 | EPA issued a stop-sale order affecting a Berkey dealer. |
| May 8, 2023 | EPA issued a stop-sale order to Berkey International. |
| December 19, 2023 | NMCL publicly distinguished the closure of BerkeyFilters.com from the status of the Berkey brand. |
| 2024 | Berkey International sought preliminary relief in federal court; the district court denied it, and Berkey appealed. |
| September 18, 2026 | The First Circuit affirmed the denial of preliminary relief. |
Can You Still Buy Berkey Water Filter Systems?
Some Berkey systems, compatible elements, and accessories remain available through retail channels. Availability depends on the exact configuration, included elements, current inventory, and destination. Check each product listing rather than assuming every model or component is available.
In particular, Phoenix Gravity New Millennium Edition™ elements are a separate product from Black Berkey® Elements. Certain Phoenix-equipped Travel, Big, and Royal Berkey® configurations have NSF/ANSI 42 certifications for chlorine reduction and taste-and-odor reduction. Those certifications apply to the specified configurations and do not transfer automatically to Black Berkey elements or other product claims.
Review Berkey system options and the filter testing and certification information before selecting a configuration. California and Iowa shipping restrictions should also be checked before ordering.
Why Are Black Berkey® Replacement Filters Unavailable?
EPA enforcement has disrupted ordinary authorized U.S. distribution of standalone Black Berkey® replacement elements. There is no confirmed restock date that we can provide.
Because this issue deserves its own explanation—including EPA restrictions, replacement compatibility, Phoenix options, and buying precautions—we have published a separate guide:
For current replacement availability, see our replacement filter guide. A compatible replacement element is not automatically identical in media, testing, or intended source-water use to Black Berkey®.
What Should Existing Berkey Owners Do?
- Check the exact elements installed. The appropriate maintenance, test data, and replacement options depend on the filter model.
- Review current product documentation. Do not assume Black Berkey results or instructions also apply to Phoenix elements.
- Confirm availability before ordering. An active product page does not establish that a particular component is currently in stock.
- Use verified dealers and product descriptions. Marketplace claims such as “Berkey compatible” do not necessarily identify a genuine Berkey-branded product.
Explore Current Berkey Options
Compare configurations, review independent test documentation, or ask our team about product availability and compatible replacement elements.
Compare Berkey SystemsContact Customer SupportFrequently Asked Questions
Has Berkey officially announced that it is closing?
We have not identified an announcement establishing that the entire Berkey brand is closing. NMCL previously said it was not going out of business, and the manufacturer support presence and independent retailers remain active. This should not be confused with the closure of a particular dealer.
Did Berkey lose its September 2026 EPA appeal?
Berkey International did not obtain the preliminary injunction it sought. On September 18, 2026, the First Circuit affirmed the lower court's denial. That is a meaningful setback in obtaining immediate relief, not a final disposition of every potential legal or regulatory issue.
Is TheBerkey.com going out of business?
No closure has been announced by TheBerkey.com. We continue to operate as an independent Berkey retailer and provide customer support, subject to current product availability and shipping policies.
Are Black Berkey filters discontinued permanently?
Current standalone replacement-element availability is restricted through normal authorized U.S. channels. There is no confirmed restock date; we cannot predict whether or when normal distribution will resume. See our Black Berkey availability guide.
Can I use Phoenix Gravity elements in my Berkey?
Phoenix Gravity New Millennium Edition™ elements are offered as compatible replacement options for specified gravity-fed Berkey systems. Confirm the exact system, source-water suitability, element instructions, and supporting test information before switching.
Are complete Berkey systems exempt from the EPA restrictions?
No blanket exemption should be assumed. The EPA's order identifies covered filters and products containing them. The legal and commercial status depends on the specific product and the order's scope.
Where should I buy a Berkey water filter?
Identify the actual seller, confirm its authorization and the exact elements included, and read the shipping and warranty policies. Our authorized dealer guide explains the relevant checks.
Primary Sources and Further Reading
TheBerkey.com is an independent authorized dealer. This article summarizes publicly available records and our retail status as of October 27, 2026. It is not legal advice or a live account of every proceeding. Regulatory developments, certifications, and inventory can change.