Yeah, that’s totally fair. At least they’ll have testimony that the smoking was actually witnessed. Most people aren’t going to even bother fighting that since it actually happened. I just worry about abuse cases and the most obvious one here is false positives being assumed true by everyone who profits from them.

Edit:

Sorry, that’s from the wrong point of view but I don’t think the answer changes. It seems Rest will have to change a lot of their marketing language to really avoid liability but if someone is actually caught smoking then it’s not likely to manifest.