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Kim Zolciak is pregnant with her fifth child.

But what ought to be an exciting time in the life of this Real Housewives of Atlanta star turned anger-filled last week when a photo agency published a picture of her smoking.

However, Zolciak says the image in question is months old and is demanding the agency apologize for implying she would endanger her fetus with nicotine.

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The freelancer behind the shot was on private property, so the agency has pulled the still in question.

Zolciak says she may file a lawsuit for defamation of character, but she cannot provide evidence of when the photo was actually taken.

Lacking such proof would likely make any legal action moot.