Critics of the duty-free fuel operation object that sixty cents from each U.S. gallon goes not to paving Michigan's underfunded highways but instead directly to Matty Moroun. Operators of large trucks under the International Fuel Tax Agreement, which in theory should impose Ontario tax and partially refund Michigan tax on fuel purchased in Detroit and consumed on Ontario's highway 401, may be disqualified for the Michigan IFTA refund, as the tax was never paid. In a 2012 lawsuit, the Michigan Department of Agriculture and Rural Development sued Moroun's company, Ammex, claiming it mislabeled motorcar fuels to advertise 93 octane while tests showed as little as 91.2 octane. In recent years the bridge has been criticized for its decaying appearance and crumbling concrete.