Animal rights’ group PETA is suing Hot’s Kitchen in Hermosa Beach for allegedly serving foie gras, a French delicacy that involves force-feeding geese or ducks to enlarge their livers beyond normal size.

The delicacy was banned from being served in California restaurants earlier this year.

"I was surprised to see it on the menu and I’m honestly surprised they’re serving that," a perplexed patron told NBC4 News after leaving the restaurant.

According to the restaurant’s menu, if a patron buys "THE" Burger, as it’s called, they receive a free side of the prohibited organ.

"The allegation that you can have foie gras for free is as childish as it is illegal,” said Matthew Strugar, with PETA. “The only way you can get foie gras is to purchase an eight-dollar burger."

PETA’S lawsuit against the Hot’s Kitchen may be the first in the state since the ban went into effect in July. State lawmakers determined the force feeding of fowl was inhumane and now forbid the sale or production of foie gras in California.

Hot’s Kitchen’s chef, Sean Chaney released the following statement:

"Foie gras can be made humanely, and we continue to provide our customers with wholesome and humane animal products."

But, Strugar disagrees.

"Every foie gras farm that has been investigated in the United States and Europe has found dying and diseased animals," he said.