Some of the nation’s biggest companies are developing policies for e-cigarette use in the workplace.

Starbucks and Wal-Mart are among companies who have banned e-cigarettes from the workplace. Exxon Mobile allows e-cigarettes in special smoking areas, and UPS charges extra health care premiums for e-cigarette users.

E-cigarettes emit water vapor. The user does not exhale smoke or carcinogens.

“They are legislating based on emotion and not on fact,” The Five co-host Greg Gutfeld, an e-cigarette smoker himself, said of the corporate policies. Gutfeld said people are legislating e-cigarettes because they look like real cigarettes and can be disruptive or cause confusion.

Watch the video above for Gutfeld’s full discussion with Shepard Smith.