On Tuesday Kim Zolciak announced via her reality show that she is expecting her fifth child. However the star has been photographed smoking a cigarette while pregnant and surprisingly this is not the first time.

The 35-year-old expecting mom was photographed puffing on a cigarette in a parking lot in Atlanta on Thursday and has ignored the well-documented health risks associated with smoking while pregnant, according to the Daily Mail.

The "Don't Be Tardy" star flaunted her baby bump in a body hugging tank top and gray sweatpants as she multi-tasked by talking on her cell phone and smoking.

Zolciak had her hair in a messy bun and wore no makeup, the reality star was later spotted grabbing lunch with her husband Kroy Biermann, 27, but opted to switch her gray sweats for black one during the outing.

[To see photos of Kim Zolciak smoking click HERE]

Despite being photographed multiple times smoking while pregnant sources told TMZ that Zolciak "sent a cease and desist letter to the agency ... accusing them of purposely deceiving the public about 2 sets of photos they shot."

The reality star is claiming that the shots of her smoking were taken a while ago but she does not remember exactly when.

TMZ was told that the star was photographed on Thursday by the agency wearing the black sweatpants and not smoking, Zolciak is also claiming that the photographer who took the smoking pictures was trespassing

The agency has since pulled those photos since the photographer was on private property when they were taken, according to sources.

According to TMZ, Zolciak wants an apology but still might sue.

Do you believe that Kim Zolciak has been smoking during her pregnancy? Leave us a comment below.

To see photos of Kim Zolciak smoking over Memorial Day weekend click HERE.