If they had capped from 4.1 at the beginning and advertised stats based on the caps, it would all be OK. They did exactly t hat on the S40, capped S60, some S75 sold with actual BTX85 packs, and the base $35k Model SR. It's legal because the EPA (and global equivalents) tested those configurations and they were sold with the cap in place - buyers weren't duped into false purchases or deprived afterward. Capping adter the fact invalidates the EPA's MPGe rating and is theft of purchased goods because the MVPA every one of us signed was priced based on options that were only achievable when rated with the battery on its original and uncapped value. The cap invalidates factory new specifications.