Havin same prob with my '09 - except that the pedal is too high even when I'm sitting down. And since I ride in the city most of the time I really need to have my foot over the pedal at all times - car drivers aren't too aware of others safety.

Can't adjust it lower now - even tried replacing the upper adjustment nut with a coupple of washers against the smaller nut above the upper adjusting one. But that only causes the pedal arm to hit the footrest before it actually activates the brake....
Yesterday I started wondering if I can't make some sort of top stop to prevent the pedal to go up to present top position. I believe it could be done without pulling the pedal so far down that it actually brakes constantly.

Btw - I lovered the brake pedal max even before I drow away from the dealer. Only thing I forgot in my haste to ride my new bike was to remember also to adjust the brake light contact. Took me two weeks to find that little mishap - actually scary that I could ride two weeks daily in big city traffic without any one tried to warn me that my brake light was on - or not working.