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UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d)
of
the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): November 13, 2025
EVOFEM
BIOSCIENCES, INC.
(Exact
name of registrant as specified in its charter)
| Delaware |
|
001-36754 |
|
20-8527075 |
(State
or other jurisdiction
of
incorporation) |
|
(Commission
File
Number) |
|
(IRS
Employer
Identification
No.) |
7770
Regents Road, Suite 113-618
San
Diego, CA 92122
(Address
of Principal Executive Offices)
(858)
550-1900
(Registrant’s
telephone number, including area code)
Not
applicable.
(Former
name or former address, if changed since last report)
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under
any of the following provisions (see General Instruction A.2. below):
| ☐ |
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| |
|
| ☐ |
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| |
|
| ☐ |
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| |
|
| ☐ |
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Securities
registered pursuant to Section 12(b) of the Act:
| Title
of each class |
|
Trading
Symbol(s) |
|
Name
of each exchange on which registered |
| None |
|
|
|
|
Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company ☐
If
an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item
2.02. Results of Operations and Financial Condition.
On November 13,
2025, Evofem Biosciences, Inc. issued a press release announcing its financial results for the three and nine
months ended September 30, 2025. A copy of the press release is furnished as Exhibit 99.1
to this Current Report on Form 8-K.
The
information set forth under this Item 2.02 and in Exhibit 99.1 is not being filed for purposes of Section 18 of the Securities Exchange
Act of 1934 and is not to be incorporated by reference into any filing of the registrant under the Securities Act of 1933 or the Securities
Exchange Act of 1934, whether made before or after the date hereof, regardless of any general incorporation language in any such filing,
except as shall be expressly set forth by specific reference in such a filing.
Forward-Looking Statements
The press release incorporated into
this Current Report on Form 8-K 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 Evofem’s
expectations regarding the anticipated impact of COGS reduction initiatives, future sales trends, cost-reduction initiatives, manufacturing
efficiencies, international market expansion, and the Company’s ability to obtain additional financing or other strategic alternatives.
Forward-looking statements are based on current assumptions and involve known and unknown risks and uncertainties, many of which are
beyond the Company’s control. Important factors that could cause actual results to differ materially from those discussed or implied
in the forward-looking statements include, but are not limited to, limited cash resources, dependence on new capital or business development
transactions to fund operations, potential delays in regulatory approvals, changes in market demand, manufacturing and supply chain risks,
the nonrecurring nature of certain recent gains, together with those that 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 September 30, 2025, filed with the SEC on November 13, 2025, and any subsequent filings.
All forward-looking statements are expressly qualified in their entirety by such factors. Evofem undertakes no obligation to update or
revise any forward-looking statement except as required by law, and investors are cautioned not to place undue reliance on such statements
given the Company’s current liquidity position and evolving business conditions.
Item
9.01. Financial Statements and Exhibits.
(d)
Exhibits
| Exhibit
No. |
|
Description |
| 99.1 |
|
Press
Release dated November 13, 2025 |
| 104 |
|
Cover
Page Interactive Data File (embedded within the Inline XBRL document). |
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by
the undersigned hereunto duly authorized.
| |
EVOFEM
BIOSCIENCES, INC. |
| |
|
|
| Date:
November 13, 2025 |
By: |
/s/
Ivy Zhang |
| |
|
Ivy
Zhang |
| |
|
Chief
Financial Officer |
