In 2007, this was used in commercials for the fast food purveyor Wendy's. Gordon Gano authorized its use, which triggered a lawsuit by the group's bass player Brian Ritchie, who stated: "I don't like having my sound misappropriated to sell harmful products, such as fast food… that's not why we made the music. It should not be hijacked." Ritchie cited misappropriation of jointly owned intellectual property as the basis for his suit.
Ritchie also blasted Gano in the publication OnMilwaukee
, where he wrote, "When you see dubious or in this case disgusting uses of our music you can thank the greed, insensitivity and poor taste of Gordon Gano, it is his karma that he lost his songwriting ability many years ago, probably due to his own lack of self-respect as his willingness to prostitute our songs demonstrates. Neither Gordon (vegetarian) nor me (gourmet) eat garbage like Wendy's burgers."
The band was still touring when this went down, but they broke up soon after. They didn't return to action until 2013, when they played the Coachella festival.