The lawsuit filed on Wednesday is also seeking class-action status for purchasers of the games. A Take-Two Interactive spokesman didn't immediately have a comment on Wednesday.
A Dutch programmer cracked the code that locked players out of the explicit scenes and has distributed software on the Internet that allows players to access that content. The game's rating has since been changed to adults only.
The lawsuit makes claims of unfair business practices, consumer deception and false advertising against Take-Two Interactive and Rockstar Games.
The ratings change has prompted several large retailers, including Best Buy Co., Wal-Mart Stores Inc., Circuit City Stores Inc. and Target Corp., to remove the game from their shelves.
Take-Two has stopped making the game and expects to introduce a new version without that content.
On Tuesday, Take-Two Interactive announced that the Federal Trade Commission's Division of Advertising Practices is conducting an inquiry into advertising claims made for the game.
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