Environmental risks due to clandestine activities with toxic products. Olaechea is representing Clorox Perú in a complaint filed against Pérez Villalobos—a well-known marketer of adulterated CLOROX® brand cleaning products—which represented a serious risk to public health and the ecosystem as well. The counterparty carries out clandestine activities with toxic products, representing serious environmental risks.
Initial dismissal due to procedural defects: Despite the gravity of the situation, the Prosecutor’s Office initially requested the dismissal of the case, citing procedural defects that rendered the complaint void. As a result, the case returned to the dismissal hearing stage for corrections.
Investigation shortcomings lead to new hearings: Our strategy focused on exposing the investigation’s shortcomings. Following a hearing in January 2023, the court ordered a supplementary investigation lasting three months. During this period, we successfully established ourselves as civil plaintiffs. However, despite additional investigative steps being mandated, not all were executed, leading to a second dismissal order.
Market leader in home care and disinfection. Clorox Perú S.A. commands a leading position in Peru’s home care sector, holding a 63% market share in liquid disinfectant cleaners, which underlines its brand dominance in reliable sanitation products.
Criminal court nullifies dismissal: We appealed this dismissal, and the Criminal Court of Ucayali reviewed the case, ultimately nullifying the Prosecutor’s Office’s well-founded dismissal request. In a subsequent hearing, the case was sent back for a new ruling, culminating in an accusatory request for a prison sentence against the accused.
Highlighting environmental and criminal law implications: This case is important because it involves issues of environmental and criminal law, particularly in the context of criminal liability for clandestine activities with toxic products and the impact of such activities on public health and the ecosystem as well as the impact on our client’s brand.
Latest development: Our firm continues to advise the client as the hearing for the control of the accusation is pending.
