I wonder how many $mil they've burnt through so far in managing to produce no paper hats.
They might have already made a production batch. The page states you can buy them only directly through the Membrain Company, which is probably to limit liability. Because they have not been able to get approval from DOT or whoever it is that puts their stamp on such things.
Membrain Co is probably an LLC that can disappear overnight, and they probably sell this as a novelty party hat.
It looks like it works better than nothing.