Yes. My back plate cracked when I tightened the last standoff down. Got it replaced free, but it was a hassle. The surface of the backplate where it contacts the throttle body is as-cast and is not flat...both the original one that cracked and the replacement one. Mine also seeped oil around the head breathers. They're made in China, so expect the quality to reflect that.
Pay a few bucks more and get an SE air cleaner.

 

Really!
I can't imagine mine breaking. It is a hunk of casted metal that's bolted on in a couple of spots. The seals work great, no issues. Did they stand behind the second one?
Maybe they are a little different for the different years. I hate Chinese junk. I didn't notice if mine was from there. If it was, its the best thing I've seen out of China.

 

Marksman, when the first one broke, I put the SE air cleaner on. After finally getting the replacement Ness back plate and looking at the mounting surface on it, I just put it on the shelf. Glad you got a good one, maybe it's pre-China. The instructions say to torque the standoffs to 4 or 5 in-lbs or something like that...barely finger tight. I probably tightened mine a little more than that, but dang if the casting is that fragile I don't want it. I wasn't happy with the Ness air cleaner right out of the box. The studs in the standoffs were loose, the holes in the filter didn't line up with the standoffs, had to add three washers between the filter and cover to take up the gap, leaked oil at the breathers, oil accumulated in the cover, etc, etc.
Lots of folks have them and like them, but the one I got was junk.

 

The air cleaner is a J&P part #4000269 which sells for $30, I had it on my 92 Sportster which had an S&S carb. This link might work:
http://www.jpcycles.com/productdetai...&page=&search=

Here is how I made it work:

The secret ingrediant is this piece of 1/8 inch x 3/4 inch steel bracket I bent to shape in my vice. I welded flat washers on each end of the bracket to match the diameter of the flanges on the shortened stock breather bolts. This type of bracket will allow any air cleaner which uses a flat backing plate to work.


Here is the bracket installed.


The existing holes in the backing plate were covered with aluminum foil tape applied to the back side. The stock AC gasket was used as a pattern for drilling new holes.


This is windshield washer tubbing & a T fitting from Auto Zone.


Here is the backing plate & breather hose intalled. The "leg" of the breather hose assembly, which curves into the throat of the throttle body is not yet installed in this photo.


And waaaalah... an old scool air cleaner on an 08 Fat Bob.