March 6, 2024 – Berkey International has filed a lawsuit against the Environmental Protection Agency (EPA) for misclassifying Berkey Water Filters as pesticides, and is seeking an injunction to lift the EPA’s Stop-Sale orders (SSURO) issued to NMCL dealers, vendors, and Berkey International’s manufacturing facility located in San Juan, Puerto Rico.

Berkey International supplies Berkey® Water Systems to New Millennium Concepts, Ltd (NMCL). NMCL is the sole wholesale distributor of Berkey® Water Systems globally. The Stop-Sale order (SSURO) placed on this facility by the EPA has tied up significant inventory and resources needed to meet the demand of Berkey® customers throughout the world and has created a shortage of Berkey® water systems and products globally.

This lawsuit is in addition to a third-party lawsuit filed in the North Texas District Court in August 2023 by NMCL and the James B. Shepherd Trust (JBST), which owns Berkey’s intellectual property. That lawsuit was dismissed for “lack of standing” as the Court determined that neither NMCL nor the JBST had been harmed by the EPA’s issuing of SSUROs to NMCL dealers and suppliers. In November 2023, an appeal was filed in the Fifth Circuit Court of Appeals because in the view of the Plaintiffs, the Court failed in its requirement to accept all well-pleaded facts as true and view them in the light most favorable to the Plaintiff. While the Court of Appeals denied the motion for an immediate injunction, the lawsuit has not been dismissed and is still active in the Court of Appeals.

Berkey International has now filed an additional lawsuit against the EPA, which cannot be dismissed for “lack of standing”, as an SSURO was issued to Berkey International. While no one can ever predict what a federal court will do, we are hopeful for an injunction from the District Court Judge in Puerto Rico.

Though Judge Mark T. Pittman (TX) initially dismissed the case due to “lack of standing”, he stated, “In finding that standing is lacking in this case, the Court is in no way disparaging, or opining on, Plaintiffs’ claims. Indeed, if true, the claims are quite concerning.” By this statement, it appears Judge Pittman recognized a real dispute warranting judicial attention.

Please be assured that we are committed to protecting the Berkey® brand, its dealers, and our consumers. We will continue our litigation and hope for a speedy decision to grant an injunction to lift the SSUROs issued to Berkey International and NMCL’s dealers that will enable Berkey International to expeditiously resume manufacturing Berkey® products.

We appreciate your loyalty and support and ask for your continued prayers. To learn more, you can visit the links below for posts and interviews that will explain the situation in depth: