Although the government has been saying they are still legal to drive and sell I can't see how that is true. They do not meet the requirements to be on the road and any use should be immediately prohibited with VW ordered to repurchase all affected vehicles at original price and to pay all costs for replacement transportation until impacted drivers can obtain a US-legal alternative.
Oh Please... Sure just throw people under the bus... I own one of the impacted vehicles. A 2014 Passat TDI with the urea injection system. It has a 5 gallon urea tank under the trunk, which gets sprayed into the exhaust stream to mitigate oxides of nitrogen (NOx). VW does tell you anything about it, they fill it when you do the ~10k mi service interval. The injection is roughly 2 - 6% of the fuel burned. We made it the 10k service without adding any "DEF" urea solution. We did the 20k a bit early and had some electrical issues serviced, this resulted in a software flash of the PCM, etc... I got a "DEF" warning at 24k miles. So I'm left with two thoughts:
1. They didn't fill the tank at the 20k service.
2. Based on the 2% lower limit, and my 40+ mpg fuel economy, they more than doubled the injection rate when I had the 20k service done. 2% = ~10k miles.
For the new vehicles, this is a software issue. You can fix it in a patch. For the older vehicles, it's still likely a software patch. Add a pre-injection pulse to preheat the air on compression, and lower the overall combustion temps. This will likely affect power & fuel economy, those buyers will have a case. I likely do not. Either way... No need to disrupt a couple million people's lives.