The lack of mention of it in the ESRB writeup says little, really.
I mean, look at the Final Fantasy XIII writeup (FFXIII spoilers ahead). It's so interested in the backless chaps of the dancers who appear for all of three seconds in Nautilus that it forgets all about Sazh's attempted suicide and Cid getting shot in the head.
I'm not sure if it's just the ESRB being weird or... well, the writeups kind of sound like descriptions of the trailers that they supposedly rate the games from. Maybe Squenix is so spoilerphobic that they avoid giving the ESRB certain scenes (with the justification that it's no worse than what they did show)?
So theres still a chance they didn't get rid of it?