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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.

Ariana Biermann and Kim Zolciak on the Beach

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.