I did some searching and apparently the ecu update in tsb 12-5-5 is for build dates prior to march 2012. Mine was built in april.
I test drove 3 manual foci before I bought and they all seemed to have the slow throttle response. I'm starting to think it's just a case of the drive by wire being programmed for smoothness and fuel efficiency over performance which makes sense given 90% of the target market.
It sucks there is no tuning support to reflash the ECU. You would think with nearly a half million Foci being sold in the first half of '12 there would be enough demand for it.
Still plan to get the k&n drop in tho.