Well the trailer was made months ago, was the removal of the cigar from his splash art not more recent?
Maybe when the trailer was made it wasn't a problem that was brought up until later on or possibly the laws making them remove it from the splash art have exceptions for different medias? Video games may have different restrictions than films and pictures, which may differ if it's in a magazine or newspaper?
I'm not sure of the laws obviously and I will not pretend that I do, just what I think could have been a reasonable possibility.