EXCLUSIVE — Rep. Matt Gaetz (R-FL) is demanding answers from the Environmental Protection Agency for forcing a major water filtration system to label itself a "pesticide."
Berkey Water Systems, the country's second-most popular water filtration system next to Brita, filed a lawsuit against the EPA in August to stop the classification which Gaetz says is an attempt to put the company "out of business" and an "abuse" of EPA authority.
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"At a time when Americans are increasingly unhealthy and their water filled with contaminants, such as endocrine disrupters, heavy metals, and 'forever' chemicals, such as PFAS, the EPA should be pursuing policies within its regulatory authority that incentivize increased use of water-filtration systems, not less," the Gaetz letter to Administrator Michael Regan states.
The move by the EPA would force Berkey and millions of other water filters to put "aggressive warning signs" on their products that would give the appearance that it is a hazardous material.
According to Berkey's lawsuit and Gaetz's letter, the EPA's justification for labeling the system a "pesticide" is that it involves the use of silver to prevent biological growth inside the filters. Silver, which is a registered pesticide, is included in many water filtration systems and, Berkey says, does not leach into the water itself.
It has been approved by the EPA for such use since the 1990s, and water filtration accounts for 90% of silver's pesticidal use, according to the EPA fact sheet.
"In no stretch of the imagination is Berkey or any other water-filter brand that incorporates silver engaging in the business of manufacturing pesticides or manufacturing products that are treated with pesticides," Gaetz's letter reads. "The EPA must end its attack on Berkey Water Systems immediately and focus on the job it was created to do — keep Americans safe — a job Berkey Water Systems has arguably done more effectively."
Berkey systems have been on the market for 25 years without any problems, and Gaetz is demanding an explanation from the EPA as to why it "just now" decided to regulate the systems.
In addition, the Florida Republican is seeking all documents related to the EPA's decision-making on the action, as well as if the EPA's position is that all products that include silver are now to be classified as pesticides.
Berkey was tested to remove "forever chemicals" known as PFAS to "non-detectable levels." PFAS are toxic chemicals that are found in nonstick materials, food packaging, and other consumer goods that have been linked to a wide variety of health problems in humans.
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Right now, the EPA is proposing a rule requiring municipal water sources to track and filter out several PFAS contaminants.
The Washington Examiner contacted the EPA for comment.