Sounds as if you'd be okay with Big Daddy reaching into private homes and cars to prohibit "smoking around kids," right? How far are you willing to take that? Is the mere RISK of some unprovable harm enough? That's a dangerous path to start down, and I'm surprised to see it here. Except from minnie-mouse, of course.
I suppose you are okay with people beating their spouses and kids as long as the government doesn't stop it.
Hyperbole goes both ways.