Illinois Pharmacists Can Prescribe PHEXXI Starting January 2026 Under Newly-passed Law

Rhea-AI Summary

Evofem Biosciences (OTCID: EVFM) announced that Illinois has passed House Bill 3489, allowing pharmacists to prescribe non-hormonal and emergency contraceptives, including PHEXXI®, effective January 1, 2026.

The legislation positions Illinois alongside 30 other states and DC in permitting pharmacist-prescribed contraceptives. PHEXXI, FDA-approved in May 2020, is a hormone-free vaginal gel contraceptive that can be used regardless of BMI and showed increased sexual satisfaction in clinical trials.

The law, introduced by Representative Michelle Mussman and sponsored by Senator Rachael Ventura, aims to expand contraceptive access and choices for Illinois residents.

Positive

• Expanded market access in Illinois for PHEXXI through pharmacist prescriptions
• Joins 30 other states allowing pharmacist-prescribed contraceptives, indicating strong market penetration potential
• Product can be prescribed regardless of BMI, expanding potential user base

Negative

• None.

Insights

Pharmaceutical Policy Analyst

Illinois law allowing pharmacists to prescribe PHEXXI from January 2026 expands market access, potentially boosting Evofem's sales in a meaningful state market.

The passage of Illinois House Bill 3489 represents a significant market access expansion for Evofem's PHEXXI contraceptive gel. Starting January 2026, Illinois pharmacists will be able to directly prescribe this non-hormonal contraceptive, removing a substantial barrier to access that currently requires physician visits.

This regulatory change positions Illinois as the 31st state (plus DC) to allow pharmacist-prescribed contraceptives, creating a more streamlined path to market for Evofem's product. From a commercial perspective, Illinois represents approximately 3.9% of the US female population, making this a meaningful market opportunity.

The expanded access is particularly valuable for PHEXXI given its differentiated position as a non-hormonal, on-demand contraceptive. This positioning addresses specific unmet needs for women who cannot or prefer not to use hormonal options. The timing of implementation (January 2026) means Evofem has adequate runway to prepare their commercial strategy to capitalize on this regulatory tailwind.

While this development won't have immediate revenue impact, it enhances PHEXXI's long-term commercial outlook by removing prescription barriers in a significant state market. This incremental improvement in accessibility aligns with broader industry trends toward increasing contraceptive access through pharmacy channels, potentially setting the stage for additional states to follow with similar legislation.

-- Passage of House Bill 3489 allows Illinois pharmacists to prescribe non-hormonal and emergency contraceptives --

-- Ensures a broader range of contraceptive choices is available to women state-wide --

SAN DIEGO, Aug. 21, 2025 /PRNewswire/ -- On August 15, 2025, Illinois enacted House Bill 3489, a measure designed to broaden access to contraception for its residents. This legislation permits pharmacists to prescribe a wider array of contraceptive options, including PHEXXI® (lactic acid, citric acid, and potassium bitartrate) , the hormone-free on-demand contraceptive vaginal gel from Evofem Biosciences (OTCID: EVFM). The law is slated to take effect on January 1, 2026.

"The newly ratified House Bill 3489 addresses a critical need by empowering pharmacists across Illinois to prescribe a full range of contraceptive options while expanding access to non-hormonal choices like PHEXXI, ensuring women have timely access to the methods that best suit their individual health needs and preferences," said Saundra Pelletier, Evofem's CEO.

The enactment of this new law marks considerable progress for Illinois in its efforts to improve residents' access to a broader range of FDA-approved contraceptive choices. This law expands the options that pharmacists in Illinois can offer to include non-hormonal and emergency contraceptives, not just hormonal methods.

House Bill 3489 was introduced by Illinois State Representative Michelle Mussman; Senator Rachael Ventura was its Chief Senate Sponsor. Its passage positions Illinois alongside 30 other states and the District of Columbia in allowing pharmacists to prescribe contraceptives.  

Women nationwide may also visit phexxi.com to learn more, connect with a healthcare provider and, if desired, obtain a prescription for PHEXXI. 

Approved by the FDA in May 2020, PHEXXI prevents pregnancy without hormones. Notable features of the vaginal pH modulator include that:

• PHEXXI is administered vaginally, before each act of intercourse, providing a simple and discreet method of contraception and eliminating concerns about potential interactions with oral, injectable and topical medications; 
• Unlike certain hormonal contraceptives, PHEXXI can be prescribed for and used by women with any body mass index (BMI); and 
• PHEXXI was clinically demonstrated to increase sexual satisfaction in the pivotal Phase 3 AMPOWER trial.

About Evofem Biosciences 

Evofem is commercializing innovative products to address unmet needs in women's sexual and reproductive health. The Company generates revenue from the sale of two FDA-approved products, PHEXXI® (lactic acid, citric acid, and potassium bitartrate) and SOLOSEC® (secnidazole) 2g oral granules . 

Evofem filed a preliminary proxy on July 24, 2025 regarding its planned Special Meeting of Stockholders at which stockholders of record may vote on a proposal to approve the transactions contemplated under the A&R Merger Agreement between the Company, Aditxt, Inc. (NASDAQ: ADTX) and Adifem, Inc., a wholly owned subsidiary of Aditxt. Under the A&R Merger Agreement, Adifem will merge with and into the Company, with Evofem surviving as a wholly owned subsidiary of Aditxt. A definitive proxy filing is expected in a few weeks. 

PHEXXI® and SOLOSEC® are registered trademarks of Evofem Biosciences, Inc.

About PHEXXI

PHEXXI is the first and only hormone-free, on-demand prescription contraceptive vaginal gel. It comes in a box of 12 pre-filled applicators and is applied 0-60 minutes before each act of sex.

Important Safety Information

• Rare cases (0.36%) of bladder and kidney infection have been reported. If you have a history of urinary tract problems that keep coming back, you should not use PHEXXI®. 
• Contact your healthcare provider if you are experiencing genitourinary side effects such as vaginal burning, itching, discharge, genital discomfort (including in male partners), yeast infection, urinary tract infection or bacterial vaginosis.
• PHEXXI does not protect against any sexually transmitted infections, including HIV.
• Avoid using PHEXXI with a vaginal ring.
• Avoid PHEXXI if you or your sexual partner is allergic to lactic acid, citric acid, potassium bitartrate, or any of the ingredients in PHEXXI. Stop using PHEXXI if you develop an allergic reaction.

For more information about PHEXXI, talk to your healthcare provider and see full Product Information .

Please report side effects by contacting Evofem Biosciences® toll-free at 1-833-EVFMBIO or contact FDA at 1-800-FDA-1088 or www.fda.gov/medwatch .

Forward-Looking Statements

This press release includes "forward-looking statements," within the meaning of the safe harbor for forward-looking statements provided by Section 21E of the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. Words such as, but not limited to, "anticipate," "aim," "believe," "contemplate," "continue," "could," "design," "estimate," "expect," "intend," "may," "might," "plan," "possible," "potential," "predict," "project," "seek," "should," "suggest," "strategy," "target," "will," "would," and similar expressions or phrases, or the negative of those expressions or phrases, are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words.  These statements include but are not limited to anticipated timing of the definitive proxy filing regarding the planned Special Meeting of Stockholders. The closing of the transactions with Evofem, Aditxt and Adifem, Inc., contemplated by the A&R Merger Agreement are subject to several conditions including, but not limited to, 1) approval of the transactions by a majority of the combined voting power of Evofem's E-1 and Common Stock, voting together as a single class, at a meeting where quorum is present, and 2) Aditxt raising sufficient capital to fund its closing obligations, notably a cash payment of approximately $15 million required to satisfy Evofem's senior secured noteholder. Should Aditxt fail to secure these funds, Evofem's senior secured noteholder is expected to seek to prevent the closing of the merger. No assurance can be provided that all of the conditions to closing will be obtained or satisfied or that the transaction will ultimately close. You are cautioned not to place undue reliance on these forward-looking statements, which are current only as of the date of this press release. Each of these forward-looking statements involves risks and uncertainties. Important factors that could cause actual results to differ materially from those discussed or implied in the forward-looking statements are disclosed in the Company's SEC filings, including its Annual Report on Form 10-K for the year ended December 31, 2024 filed with the SEC on March 24, 2025, amended on March 28, 2025, Quarterly Report on Form 10-Q for the quarter ended June 30, 2025, filed with the SEC on August 14, 2025, and any subsequent filings. All forward-looking statements are expressly qualified in their entirety by such factors. The Company does not undertake any duty to update any forward-looking statement except as required by law.

No Offer or Solicitation
This release shall not constitute a solicitation of a proxy, consent, or authorization with respect to any securities or in respect of the proposed transactions under the A&R Merger Agreement. This release shall also not constitute an offer to sell or the solicitation of an offer to buy any securities or a solicitation of any vote or approval, nor shall there be any sale of any securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such other jurisdiction. No offering of securities shall be made except by means of a prospectus meeting the requirements of Section 10 of the Securities Act, or an exemption therefrom.

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media@evofem.com 

Investors and Prospective Partners
Amy Raskopf, Chief Business Development Officer
Evofem Biosciences, Inc.
araskopf@evofem.com
(917) 673-5775

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SOURCE Evofem Biosciences, Inc.

FAQ

When will pharmacists in Illinois be able to prescribe PHEXXI?

Illinois pharmacists will be able to prescribe PHEXXI starting January 1, 2026, when House Bill 3489 takes effect.

What makes PHEXXI (EVFM) different from other contraceptives?

PHEXXI is a hormone-free vaginal gel that's used before intercourse, can be prescribed regardless of BMI, and showed increased sexual satisfaction in clinical trials.

How many states now allow pharmacists to prescribe contraceptives like PHEXXI?

31 states and the District of Columbia now allow pharmacists to prescribe contraceptives, with Illinois being the latest addition.

What are the key benefits of PHEXXI mentioned in the Illinois legislation announcement?

Key benefits include being hormone-free, suitable for any BMI, administered vaginally before intercourse, and showing increased sexual satisfaction in clinical trials.

How can women outside Illinois get access to PHEXXI (EVFM)?

Women nationwide can visit phexxi.com to learn more, connect with healthcare providers, and potentially obtain a prescription for PHEXXI.