Referee Howard Webb took no action at the time and the FA has said the laws of the game rule it can only take action retrospectively for incidents not seen by match officials.
The Stoke midfielder has defended his challenge.
He told reporters: "I've gone in for the challenge and I don't think I tried to be dirty but if it looks that way on TV then I'll have to hold my hands up. I don't think I caught him as much as he was rolling about.
"It's the English game, the old-fashioned game, and that's what the Premier League is so good for.
"There is massive pressure on the referees from the media and the people they're accountable to. Hopefully it [tackling] can stay in the game and people just get on with it."
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- Howard Webb