Federal Regulators Consider Banning Gel Fuel

Federal regulators are considering banning the sale of the fuel gel candles which led to a devastating backyard accident last Memorial Day weekend.

Fifteen-year-old Michael Hubbard was  and remains hospitalized. He in December.

Since the accident, the , a bill dubbed "Michael's Law."

According to the notice, "The Consumer Product Safety Commission has reason to believe that firepots and gel fuel used together may present an unreasonable risk of injury."

The CPSC put out a notice for public comment on the proposal in late December of 2011. The public comment period closes on Feb. 27. Members of the public may submit comments online.

According to the text of the notice, "Gel fuel produces a clean-burning flame and generates very little  smoke or soot. This makes the flame less visible than flames produced  by other types of fuel, particularly if it is burning during daylight ... This can mislead consumers into  thinking that the firepot's flame is out and needs more fuel. If the  consumer adds fuel to the firepot when there is a small flame or  smoldering combustion in the burn cup, the gel fuel can easily ignite."

Jerry Halpin, who helped smother the flame that encompassed 40 percent of his body on May 28, said that's exactly what happened. And was glad to hear the news.

"Growing up in a family of firefighters, and being there on that day, this is a huge victory for the safety of everybody to hear this," he said. "The devastation this has caused across the country has been incredible."

As of Sept. 30 of last year, 76 incidents involving gel fuel had been reported to the CPSC, resulting in two deaths and 86 injuries. In 49 of the incidents - Hubbard's being one of them - injuries were sustained as customers were re-filling the firepot which holds the gel fuel.

Beyond an outright ban of the product - which was - other options remain. Regulators could enforce further performance requirements to make the product safer, they could improve safety labeling - cited as lacking in most products in the notice - or they could do nothing.

Hubbard remains at a hospital in Valhalla, N.Y.,  A member of Hubbard's family declined to comment on the proposed ban.