The spokeswhores are sounding off on the McSteamy/Noxzema Tits Sex Tape…..

Attorneys for Grey’s Anatomy star Eric Dane and his wife, actress Rebecca Gayheart have issued a public statement after video footage of what appears to be Dane, Gayheart, and former Miss Teen USA 2002 Kari Ann Peniche nude surfaced online late Monday.

“This is simply a private consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public,” Dane’s lawyer Marty Singer said in a statement to PEOPLE.com overnight.

Is that the excuse we’re using nowadays? Anywho, he goes on to stress that the tape is private and was made for his clients’ “personal use.”

“Although the participants are nude, the tape is not a ’sex tape.”