That data came from a survey conducted by the National Association of Convenience Stores in 2003 and 2004.

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The National Association of Convenience Stores, which was one of the plaintiffs in the case, rejected the proposed settlement.

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"In a small store like a convenience store that is really putting a lot of signage all over the place, " says Jeff Lenard of the National Association of Convenience Stores, referring to the calorie labels.

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Approximately 40% to 50% of U.S. retailers sell unbranded gas, up from an estimated 37% in 2000, according to the National Association of Convenience Stores, which represents the retailers that sell about three-fourths of the U.S.' motor fuel.

FORBES: Nobody's Fuel

Then, the National Association of Convenience Stores, the trade group for the industry that sells most gas in the country, put out a stunning report on how much swipe fees affect the price of gas and the merchants who sell it.

FORBES: How Bank Fees Hurt Gas Station Owners