If it is something they "just" started doing in 2008, give'em a break and give'em time to catch up with labels. I'm sure it's lower on the priority list than selling chips and donuts in the attached quick-mart.
BTW read the "blending your own fuel" thread.
E10 is perhaps the WORST POSSIBIBLE blend.
Most cars do better with something more than 10%, but less than 45%.
On a cost per mile basis... I lose with E10, but
save money in the 25-30% ethanol range... I need to add a couple gallons of E85 ( Usually $2.20 to $2.29 ) to make this blend.
http://www.greenhybrid.com/discuss/f...-should-16411/
-John
P.S. yes it is legal to sell any fuel that meets gov standards with or without labels!