A man is reportedly suing the city of Orlando after police mistook sugar flakes from a doughnut for illegal drugs in his car.

He was arrested last December in Florida, after roadside drug tests came back positive for crystal meth.

The charges against Daniel Rushing were later dropped.

He is also taking legal action against the drug-testing kit company involved, claiming negligence.

The Orlando Sentinel says he is seeking damages in excess of US$15,000 (€13,781).

It reports he was pulled over while driving because he was speeding and failed to come to a full stop.

During the stop, a policewoman spotted a "a rock like substance on the floor" near his feet and asked to search his vehicle.

A roadside drug kit was then used to test the substance twice. Both times it showed it was methamphetamine, police said.

"Every other Wednesday I get a glazed doughnut from Krispy Kreme. They found four little pieces of icing on the floorboard - which I'm kind of embarrassed about cause I should have vacuumed the car better", he told the paper.

"First they tried to say it was crack cocaine, and then they said 'no it's not crack, it's methamphetamines' - I went 'it's icing from a doughnut'.

"And they said 'no it's methamphetamines' - and I said 'you are so wrong'".