It is true, you usually have a 2 year incontestability period, to where after 2 years, you are granted full benefits no matter what, ie suicide, tobacco use, lying about pre-existing conditons, etc.
I can tell you from my perspective, as I'm a district manager for a HUGE insurance company, that you cannot be sued by a reputable company, or denied claims based on a lie about tobacco use. This is what will happen though....
...your total benefit (paid on death) will be reduced to the amount you would have paid for premiums if you were in fact a tobacco user (on your application). Thus, if you die within 2 years, you will be granted the benefit amount, minus the extra cost you should have paid for a tobacco user (if you get caught). However, it's nearly impossible to be caught for smoking cigars or tobacco, and having the insurance company say you were a tobaccos user. There are many, many instances where there is a legit non smoker who turns to a casual smoker, or just hangs out around tobacco users, and doesn't actually smoke. Now, it's in their blood right? And their hair? Yes. So they basically need to have proof that you were a smoker for them to do such a thing....tough to do unless you leave a huge trail!
I personally wouldn't lie about it, as there are specific policies for us, but do what you wish. Whether it be whole life, term, or ROP, just choose your proper benefit amount, and use your head. Just don't get caught when you die!!! :sign:
My 2 pennies.
Edited to add: PM me with any further questions if you have them! More than happy to elaborate.