John Inada, Director of Marketing and Sales for Tecmo said, "Based on the level of sexuality we perceived in the game, we were a bit surprised to hear the ESRB's decision to give DOAX an "M" rating. However, we've always trusted and respected the ESRB in the past and have decided not to appeal their decision."

To make things worse the ESRB also added a "Nudity" descriptor to the game. "While there isn't rampant nudity in the game, there are certain elements that caused the ESRB to give it the Nudity descriptor," Inada added. "As with all other games in the Dead or Alive franchise, we believe the stunning visuals, explosive action and classic arcade gameplay will bring Dead of Alive Xtreme Beach Volleyball to an even wider audience of admirers."