ESRB site wrote:Just as ESRB's rating processes are designed to deal most effectively with the differing environments through which video games and apps are made available to consumers, so too are the enforcement mechanisms used to ensure that consumers receive complete and reliable rating information.
However, these remedies are less readily applied with respect to packaged or boxed video game products, where the ESRB enforcement system allows for the imposition of harsh sanctions (e.g., fines up to $1 million, product recall, the stickering of product throughout all retail outlets) for instances of significant or egregious content non-disclosure. Less serious violations of ESRB content disclosure guidelines can result in the assignment of points, fines, and mandated corrective actions, and are effective disincentives for noncompliance.
Basically, bad things happen to companies who lie about the content in their games. I strongly suspect that lying about communication with the ESRB would result in them being more likely to apply harsher penalties if any problems arise in the future. They can, and will, smack companies very hard for going against the rating system (including lying about how it works and what the ESRB says), and that's a good thing for the industry.
Also, I did send the interview request to the ESRB. ^^ Hopefully they'll be willing to do it and we can get their view on this matter.