I would agree that I didn't see a lot of problems with phosphorus in the oil, from personal anecdotes. Others obviously agree. Nonetheless, oils are always tradeoffs, and it seems we have a tradeoff now if you have a dual rated HDEO. Note that Europe has been using E6 lubricants for a long time, and if you take a good look at the approval list on a modern E6 lubricant, it's exceedingly long. The Delvac 1 LE 5w-30 approval list is longer than that for Delvac 1 ESP 5w-40. If there are problems, why is it only Ford that's having them, or publicizing them?
Also, what government regulation was involved in this? E6 is an ACEA thing and SN is an API thing.