An increasing number of states have laws banning smoking in all workplaces. Also, a number of employers and/or buildings have policies limiting smoking inside or within close proximity to work facilities, requiring smokers to travel some distance away from their immediate work areas in order to be able to smoke.
Employers vary widely in their reaction to such policies. Some choose to accommodate smokers by allowing more frequent breaks (or even allowing smoking within the work facility where it is still legal to do so), while others have chosen to discourage smoking by making it as difficult as possible for employees to smoke during the work day. However, the vast majority of states do not regulate breaks at all, and even those which have laws do not prevent an employer from offering more breaks than the law requires.
Employees who have difficulty with their employer's break policies therefore do not have a legal remedy. They may wish to contact their company's HR department and/or speak with an appropriate supervisor, however. Perhaps the employer will recognize the unfairness and set clear policies applicable to all employees, either by limiting the number of breaks smokers are allowed to take, or making clear that even non-smokers are entitled to take a certain number of breaks during the work day. Or non-smokers can just consider it an opportunity to get more work done during the day and hope that their productivity will ultimately be rewarded.