Sheesh, seems a lot of people that love to bag on others that have a valid criticism of the content. Though I am not up in arms, I agree with the OP, I found it off-putting and out of place to be a non-smoker and then not have a choice during "the" scene with Judy (which I loved otherwise).
What really puts it out of place is that Judy wasnt a smoker either up to a certain point, and you as the player can dissuade smoking, so she knows you don't. Not having that choice in the scene is a rather idiotic thing to do and shows that bit of detail was overlooked or wasnt understood due to more than 1 person or team working on that in a vacuum.
Don't get me wrong, the amount of detail in the game is incredible, and I find only a few reasons to dole out criticism, this being a minor one for me.
And lets not forget that criticism comes because people truly care about these characters and want the best experience thay can have, with them.
Judy + V, Forever!