Yeah, if the filter didn't fit, it didn't fail, it simply did filter. The air will pass through the easiest hole. . . Essensially he ran without a filter. . . . But it seems if the air went through the filter, it should do better than a paper filter. Also, the
oil issue happens with foam filter, the K&N, if not over oiled should not do that.
Here is what the law is about aftermarket equipment is: (but dealers will always try to get away with not following it)
Vehicle Warranty
Contrary to what you may have heard or read, in the USA, a K&N
Filtercharger will not void your vehicle warranty. The Magnuson-Moss
Warranty Act, passed in 1975, prohibits a manufacturer from conditioning
its warranty of a consumer product upon the consumer using any article or
service (other than one provided without charge under the warranty) which
is identified by brand, trade or corporate name, unless expressly
authorized by the Federal Trade Commission. If the manufacturer does not
provide air filters free of charge, they cannot void the vehicle's warranty
simply because you have installed an aftermarket air filter.
Summary
We offer thousands of stock replacement applications, hundreds of universal
clamp-on filters and dozens of Fuel Injection Performance Kits. Our goal is
to provide the highest quality component at a competitive price. A K&N
Filtercharger will be the last filter you will ever buy for your car,
truck, motorhome, motorcycle, ATV, boat or jet ski - Guaranteed.
Emission Warranties on New Vehicles
THE MYTH: A manufacturer's new-vehicle warranty is automatically voided
once an aftermarket part (non-original equipment) is installed.
THE TRUTH: Rarely does the use of aftermarket parts violate a new-vehicle
warranty.
THE RULES: Federal law, (the Clean Air Act), requires two emissions
warranties: a "defect" warranty and a "performance" warranty.
"Defect" warranties require the vehicle manufacturer to produce a vehicle
which, at time of sale, is free of defects that prevent it from meeting
required emissions levels for its useful life, as defined in the law.
"Performance" warranties require that vehicle manufacturer make repairs -
at no cost to the owner - should a vehicle fail to meet certain levels of
emissions performance during the warranty period. This period ranges from 2
years (or 24,000 miles) to 5 years (or 50,000 miles) for most parts, and up
to 8 years (or 80,000 miles) for certain emission-controlled parts,
specifically, the catalytic converter, the electronics emission-control
unit and the on-board diagnostic device (check owner's manual for specifics
on your vehicle).
Consumers are protected under a parts self-certification program
administered by the Environmental Protection Agency (EPA).
If a parts maker self-certifies it's parts under this program, the vehicle
manufacturer cannot void the emissions warranty even if the certified part
fails and/or is directly responsible for the emissions warranty claim. In
this situation, the vehicle manufacturer must arrange a settlement with the
parts manufacturer, but the new vehicle warranty is not voided under the
law.
If a parts maker chooses not to self-certify it's parts, the only case
where a vehicle manufacturer can void the emissions warranty is if a
non-certified aftermarket part is proven to be responsible for an emissions
claim.