For now it is, but the anti-smoking pressure already has resulted in it being illegal to smoke in a "company car" in NY and will shortly make it illegal to smoke in the private car with children present. It's only a matter of time before the pressure makes it illegal to smoke at home - first in apartments because the people are easier to push around without an equity stake, then condo's because of the common walls and halls, then houses because of prevailing winds.
You say it's gubmint vs. market forces, but da gubmint doesn't sit around dreaming this crap up, they fold under pressure from the fanatics one by one to buy votes.