LOS ANGELES >> In-N-Out Burger was sued by a customer who claims he got sick from drinking a beverage he purchased at the Downey eatery he later found out contained two methamphetamine capsules.

Fred Maldonado filed the lawsuit Wednesday in Los Angeles Superior Court, alleging negligence and strict liability. The complaint seeks unspecified damages.

The suit states that Maldonado bought a burger and drink from the drive-through lane of the restaurant on Firestone Boulevard on March 9, 2014. He then took the items back to his nearby motel room, the suit states.

The next morning Maldonado found two capsules and a napkin at the bottom of the drink cup, the suit states. He returned to the same In-N-Out location and told the manager, who apologized and offered him a certificate for a free burger, according to the complaint.

“Plaintiff did not initially know what the two capsules were, but later testing revealed that they were methamphetamine and that it appeared that they may have been illicitly manufactured,” the suit states.

Maldonado suffered nausea and severe mental distress as a result of consuming the beverage, the suit states.

“At In-N-Out Burger, we have always served the freshest, highest quality burgers, fries, and drinks and customer safety is one of our highest priorities,” In-N-Out Burger executive vice president Arnie Wensinger told City News Service.

“We will vigorously defend these baseless claims. Due to the fact that this matter involves ongoing litigation, we will unfortunately not be able to comment any further.”


  1. KC says:

    It was slipped into my food without me knowing a while back at a restaurant here locally. I ordered a salad with honey mustard dressing and when the waiter served it, he winked at me, which I thought was strange at the time. The dressing had kind of sting to it that I thought was a spicy mustard, but soon realized that I had been slipped meth when I left the restaurant and everything around me looked clear, like life was Blu-Ray, I had a euphoric feeling, and an accelerated heart rate. It lasted for about three to four hours. Not cool. I don’t use drugs at all. People should have a choice. This also happened to a friend of mine in a vindictive way. He asked for a sandwich to be remade because the order wasn’t right and a large quantity of meth was put onto the sandwich in some of the condiments. My friend got very sick and thought he was going to die–a very negative health reaction occurred and he already has high blood pressure and heart problems. I’ve also experienced a burger place that I believe may be putting it in the food because another table next to me complained in Spanish about it and they offered to make a new one that was free of it, and close to my last bite I tasted it, too. Pro tip: Eat at home.