The foodies among you may remember back in July, when California’s ban on the sale of Foie Gras kicked in, some restaurants were continuing to sell the duck/goose livers by “gifting” them to customers as part of a larger meal. But the folks at PETA think it’s against the law to give away foie gras, and are willing to prove their case in court.

PETA recently learned that a restaurant in Hermosa Beach, CA, was not-selling foie gras by changing their menu to say that its foie gras burger was now just a burger that happened to come with a free side of foie gras.

“We contacted the Hermosa Beach Police Department, but with a lot on their plates, they haven’t gotten around to the case,” writes the organization on its blog. “So we’ve taken the matter to court, filing suit against the restaurant… for engaging in unlawful business practices.”

The restaurant in question also happens to be involved, along with other eateries, in a lawsuit against the state that calls the foie gras ban vague and unconstitutional.

Talking to NBC Los Angeles, the restaurant’s chef defends his decision to continue serving the controversial dish. “Foie gras can be made humanely, and we continue to provide our customers with wholesome and humane animal products.”

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