“Nothing says ‘Merica like making products right here at home,” the company once crowed on its American flag-adorned website.

Except it wasn’t practicing what it preached: Old Southern Brass’ glassware was made in China, according to the Federal Trade Commission.

The decision not to hear the case for now leaves the ban in place in the state. Litigation over the ban and similar laws enacted by other states is ongoing and the issue is likely to return to the justices. The court has an appeal pending concerning a similar law in Illinois.