LOS ANGELES (CBSLA.com) — An In-N-Out Burger customer says he got an unexpected surprise with his burger and drink at the chain’s Downey location last year: methamphetamine.

In a suit filed against the Irvine burger chain Wednesday in Los Angeles Superior Court, Fred Maldonado said he felt sick after drinking his In-N-Out beverage on March 9 of last year, and the following morning discovered two capsules and a napkin at the bottom of his cup.

Maldonado returned to the restaurant to speak with the manager, who apologized and offered Maldonado a certificate for a free burger. Later testing determined the capsules contained methamphetamine and appeared to have been illicitly manufactured, according to the suit.

Maldonado said he suffered nausea and severe mental distress from consuming the drink. He’s alleging negligence and strict liability and is seeking unspecified damages, according to the suit.

In-N-Out Burger will fight the allegations.

“Customer safety is one of our highest priorities,” In-N-Out Burger Executive Vice President Arnie Wensinger said in a statement. “We will vigorously defend these baseless claims.”

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