You've never heard of a frivolous lawsuit? Just because a plaintiff files a lawsuit, doesn't mean the plaintiff wins.
I don't like government interfering in buisness either, but sometimes we need to be wise enough to prevent it.
How about our legislators being wise enough to enact laws that levy punitive damages for frivolous lawsuits?
So I guess, you as an employer will worry about what I eat at home also, who I socialize with, etc. My health problems could cost you big time. Will you pass rules against it or will it just stay with cigarettes?