I'd say that if everyone that ordered paid and did not get their goods, then it's a scam. Some people not getting their stuff is a poorly-run business. "Scam" strictly implies malice on the part of the vendor. $#!+ happens to buyers all the time, malice not required.
Running a business selling goods you manufacture yourself, then maliciously planning not to ship some orders but fulfilling others makes no sense at all.
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