Berkey faced with the classification of silver by the EPA in the United States

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Silver itself is not considered a pesticide. However, silver compounds, such as silver nitrate and silver ions (Ag+), are known for their antimicrobial properties. Because of this antimicrobial activity, some forms of silver are used in products to prevent the growth of bacteria, fungi and other microorganisms.

In the United States, products that claim to kill or repel bacteria or fungi are regulated as pesticides by the Environmental Protection Agency (EPA). This means that if a product contains silver (for example, in the form of nanoparticles) and claims to have antimicrobial properties, it could be considered a pesticide in the eyes of the law and would be subject to specific regulation. 

Berkey and its manufacturing units responded to an EPA request by classifying their filtration products as “treated devices.” This classification differs from that of a pesticide or pest control device. The reason for this classification is the incorporation of silver (a registered pesticide) into their filter media. It should be noted that this silver does not transfer into filtered water. Silver is an additive frequently used in water filters because it protects the filter against biological growth, a recurring issue with these devices. In Europe, many filtration brands, not subject to or independent of US EPA regulations, also use silver in their filters. For examples, refer to the brands sold in France listed at the bottom of the page

Berkey has not hidden from the EPA and has attempted to comply with applicable laws and regulations regarding the manufacturing and distribution of Berkey products. First, Berkey products have been designated by the EPA as treated appliances; the EPA then reinterpreted their rules and arbitrarily reclassified Berkey filters as a pesticide, issuing orders (without due process) preventing the sale of Berkey filters in certain parts of the country by certain Berkey dealers and sellers who received stop-sale orders. This change in the rules comes without notice or a shred of legal support. Berkey filters are not “substances or mixtures of substances intended to prevent, destroy, repel or mitigate any pest,” as FIFRA defines pesticides. Instead, they mechanically remove contaminants through a tortuous maze of micropores, absorption and ionic adsorption.⁶

A problem arises when a water filtration system is classified as a registered pesticide because a multitude of time-consuming regulations and requirements come into play, including onerous labeling requirements that must be placed on all packaging. Basically, regulations that require labels to be placed on packaging affirm that the product is a hazardous material. Other required labels include hazard warning statements, environmental hazard statements, instructions for use and storage, disposal statements and mandatory declarations that ensure the proper use of the pesticide and prevent the occurrence of unreasonable adverse effects on the environment, which is defined in FIFRA, etc. . So, Berkey would be required to label its water filters with pesticide language that could be very confusing and frightening to its customers, especially when similar, competing products are not subject to the same standards or requirements. Additionally, pesticide registration is an expensive process that can take years to obtain EPA approval, and in the meantime Berkey products would not be available to the American public.

Here is a list of manufacturers using silver in their filters

1. Doulton: They produce ceramic filters impregnated with silver to inhibit bacterial growth.

2. AquaTru: Some of their systems use filters with antimicrobial properties, of which silver may be a part.

3. Eureka Forbes (Aquaguard): In some countries this brand is quite popular and uses silver in its filters.

4. Samsung: In some of its refrigerators with water and ice dispensers, Samsung uses a silver coating for its antimicrobial properties.

5. LG: Just like Samsung, LG has also incorporated silver into some of its refrigerator water purification systems.

6. Sawyer: Some portable filters of this brand incorporate silver.

7. ZeroWater: Although primarily focused on reducing total dissolved solids (TDS), this brand also uses silver in some of its products to prevent bacterial growth.

8. Lifestraw: Some of their products use silver combined with other filtration technologies.

9. Brita: Although primarily known for its activated carbon filters, some versions of Brita filters contain silver to inhibit bacterial growth inside the filter.

10. Katadyn: This brand is popular among hikers and travelers. Some of their products, like the Katadyn Pocket, use ceramic silver to prevent microbial growth.

11. Berkey: Black Berkey filtration elements incorporate silver into their formulation to add an antimicrobial barrier.

12. Pureit: This brand, popular in several countries, uses silver as an antimicrobial agent in some of its water purifiers.

13. Aquacera: Offers ceramic filters that contain silver to prevent bacterial growth.

14. APEC Water Systems: Some of their filters incorporate silver for its antimicrobial properties.

15. 3M: This multinational offers filters that contain silver, especially for industrial or commercial uses.

16. Culligan: Known for a diverse range of water treatment solutions, Culligan has also explored the use of silver in some of its products.

17. Espring (Amway): Their water purifier uses UV treatment combined with other technologies, and some of their products have been reported to use silver.

18. Pentair: Offers a variety of water treatment solutions, including filters that incorporate silver.

19. SteriPEN: Although primarily known for their portable UV water purifiers, some of their products combine this technology with silver-infused filters.

20. BioCera: Offers ceramic filters containing silver.

21. Propur: Some of their water filtration systems use filters combining several materials, including silver.

22. bekerfeld: Berkefeld filters are similar to Doulton filters, which are also ceramic and use silver to prevent bacterial growth. These ceramic filters are porous, allowing water to flow while retaining contaminants. The addition of silver improves their ability to prevent bacterial growth inside the filter, providing additional protection.