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Most car accidents are caused by people not following the rules of the road and most accidents are preventable and if you hurt someone with your car due to negligence you should and most likely will be punished. Every smoking related disease is caused by people using cigarettes for their intended purpose and nobody is punished for the deaths caused by smoking.
The comparison is a bad one.
The reason it's not illegal is because it's cheaper, actually profitable for it to be legal while it'd cost to much to enforce the law if it were illegal. Believe me, billions of dollars for the tobacco companies, politicians and the government is worth lowering the average life span by about 10 years. I'm fairly certain the government would prefer the average life span to be equal to the age of retirement anyway.
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“It is better to be rich and healthy than poor and sick” - Dave Barry
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