Reviewed October 17, 2026 • Includes the September 18, 2026 appeals-court decision
Black Berkey® replacement filters are unavailable through normal authorized U.S. distribution, but that shortage does not mean every Berkey business has closed. TheBerkey.com continues to sell systems, compatible replacement filters, and accessories. Here is what the EPA dispute means for customers who need replacement elements now.
Is Berkey going out of business?
The current information reviewed for this article does not establish a shutdown of the Berkey brand. NMCL maintains its Berkey support presence, and TheBerkey.com remains open. However, Black Berkey replacement-element availability remains affected by EPA enforcement. We have no confirmed restock date.
Latest material court development: On September 18, 2026, the First Circuit affirmed the denial of Berkey International’s request for a preliminary injunction against EPA enforcement. That decision did not authorize sales to resume. Read the court’s opinion.
Why are Black Berkey replacement filters unavailable?
EPA stop-sale orders disrupted the supply of Black Berkey products. The shortage is wider than one retailer’s inventory. Our Black Berkey replacement-element listing provides current availability information; it should not be read as a promise that a restock is imminent.
The regulatory issue also requires a distinction between a filter element and its stainless-steel housing. A compatible housing may remain useful with a different element, but that replacement has its own performance evidence and instructions.
What did the EPA do?
The EPA issued Stop Sale, Use, or Removal Orders under the Federal Insecticide, Fungicide, and Rodenticide Act, or FIFRA. Its May 8, 2023 order to Berkey International identifies covered products and restrictions on the named recipient.
The agency treated the covered filters as unregistered and misbranded pesticidal products. The dispute involves silver in the elements, claims about microorganisms, and the registration and labeling rules that apply to the products.
The orders are not limited simply to loose replacement elements. Covered products include Black Berkey filters and other filters containing them. The shortage of standalone replacements is the customer-facing issue, but it would be inaccurate to imply that complete systems containing Black Berkey elements are categorically exempt.
These documents are enforcement orders under FIFRA, rather than consumer safety-recall notices. That distinction does not establish that every product is safe for every water source, or that its filtration claims have been independently certified.
What did the September 2026 court decision say?
Berkey International argued that its filters qualified for regulatory exceptions and that EPA enforcement was unlawful. It maintained that the silver protected the filter itself rather than serving a pesticidal purpose in the water.
The First Circuit affirmed the district court’s refusal to grant a preliminary injunction. The court concluded that Berkey had not substantiated its position sufficiently to demonstrate a likelihood of success on its Administrative Procedure Act claims. It addressed the device and treated-article arguments, as well as challenges to the agency’s process. First Circuit opinion, September 18, 2026.
This was a substantive setback for Berkey’s request for immediate relief. It should not be described as merely a standing or jurisdiction decision. At the same time, an appeal about preliminary relief is not the same as a final judgment resolving every claim or possible future regulatory path.
For customers, the practical point is that this ruling did not lift the stop-sale order or establish a return date. This article does not claim to provide a complete, live court-docket history.
Key dates in the EPA–Berkey dispute
The EPA issued a stop-sale order to James Enterprise, doing business as Berkey Filters, covering Black Berkey filters and products containing them.
The EPA issued its stop-sale order to Berkey International.
Berkey International brought its Puerto Rico federal action. The district court denied preliminary injunctive relief in June; an appeal followed.
The First Circuit affirmed that denial in case No. 24-1917.
These dates summarize the history described in the published appellate opinion. Separate Berkey-related proceedings should not be conflated with this appeal.
Why do reports about Berkey closing cause confusion?
Several businesses use Berkey-related names. NMCL markets and supports the Berkey product line; Berkey International is the filter manufacturer identified in the court case; independent retailers sell products to customers.
In a December 2023 statement, NMCL addressed reports about the closure of the separate dealer BerkeyFilters.com and said the Berkey brand was not going out of business. That historical statement helps explain the rumor; it is not a newly issued 2026 announcement.
Is TheBerkey.com still open?
Yes. TheBerkey.com is a separate retailer and continues to serve customers. A closure announcement from another dealer does not describe our store. You can contact us for help with an order or identifying a replacement element.
Can I still buy a Berkey system?
Check the current system listings for stock, included elements, and destination restrictions. A system listed for sale is not evidence that loose Black Berkey replacements are back in normal distribution. Product availability also does not, by itself, establish an exemption from an EPA order.
What can current Berkey owners use instead?
TheBerkey.com offers Phoenix Gravity New Millennium Edition™ Filter Elements as a compatible replacement option. Check your exact system and intended source water before ordering. You may be able to retain a sound stainless-steel housing while replacing its elements.
Phoenix Gravity is a different filter product
Phoenix is not simply Black Berkey under a new name. Fit does not establish identical media, contaminant performance, service life, or certification. Review the detailed element comparison if you are switching.
- Confirm fit: Match the element to the system and any optional PF-2 accessories.
- Check the evidence: The Phoenix PGF9-2 component has an NSF/ANSI 42 listing for chlorine, taste, and odor reduction. Other contaminant reports are separate evidence.
- Distinguish certifications: NSF/ANSI/CAN 372 concerns lead in product materials; it does not certify removal of lead from source water. Complete-system listings apply to the models and configurations identified.
- Use the correct instructions: Follow Phoenix source-water, priming, flushing, and maintenance guidance. Black Berkey instructions and test results do not transfer automatically.
For current stock and other replacement types, including PF-2 and Sport Berkey filters, use our replacement-filter page. Those accessories are not substitutes for a countertop system’s primary elements.
Need replacement elements?
Check the product’s fit, source-water guidance, and shipping eligibility before ordering.
View Replacement OptionsGet Help With CompatibilityHow should I evaluate marketplace listings?
A listing labeled “Berkey compatible” is not necessarily a genuine Black Berkey element. Verify the exact brand and model, seller identity, condition, warranty support, and return terms. Ask for clarification if a listing combines different products or makes unsupported certification claims.
Scarcity alone does not prove that a particular listing is counterfeit. Older inventory may exist, but a marketplace listing is not proof that normal authorized distribution has resumed.
When will Black Berkey filters return?
We have no confirmed restock date. Do not plan essential filter replacement around a predicted court outcome or an undated “coming soon” message. A future return would require reliable product-availability information and an applicable regulatory basis; this article cannot predict either.
If your existing filters need replacement, evaluate a currently available option for your water conditions. Do not extend their service life simply because replacements are scarce, and do not use taste, flow, or a dye test as proof that all contaminants remain controlled.
Frequently asked questions
Did Berkey win its EPA appeal?
No. In the September 18, 2026 decision discussed above, the First Circuit affirmed the denial of preliminary relief. It did not authorize the resumption of Black Berkey sales.
Does “pesticide” mean someone added agricultural chemicals to my water?
No. FIFRA uses a legal definition that can include substances intended to control microorganisms. The dispute concerns the filters’ silver, intended use, claims, and regulatory status. The term alone does not answer questions about treated-water composition or safety.
Does the dispute mean I must throw away my stainless-steel system?
A serviceable housing may be usable with compatible elements. Inspect the system, confirm fit, and select elements appropriate for your source water and contaminants of concern.
Are Black Berkey elements permanently discontinued?
We can confirm the current availability limitation, not a permanent outcome. No confirmed restock date is provided here.
Does an EPA establishment number certify a filter’s performance?
No. Establishment registration and product certification serve different purposes. Do not interpret an establishment number as EPA endorsement or proof that a filter reduces every claimed contaminant.
Sources and current product information
- First Circuit: Berkey International v. EPA, No. 24-1917, September 18, 2026 — the appellate ruling and its account of the earlier proceedings.
- EPA: May 8, 2023 Stop Sale, Use, or Removal Order — the agency’s order to Berkey International.
- NMCL: December 2023 statement about business-closure rumors — the company’s historical position.
- Berkey manufacturer support center — product support and notices.
- NSF: Phoenix Gravity product and component listings — exact listed models and claims.
- TheBerkey.com replacement-filter page — current retail options.
TheBerkey.com is an independent retailer. This customer guide summarizes the cited records; it is not legal advice or a statement on behalf of a court, the EPA, or the parties. Availability and regulatory developments can change after the review date.