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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): September
17, 2026
EVOFEM
BIOSCIENCES, INC.
(Exact name of registrant as specified in its charter)
| Delaware |
|
001-36754 |
|
20-8527075 |
| (State or other jurisdiction |
|
(Commission |
|
(I.R.S. Employer |
| of incorporation) |
|
File Number) |
|
Identification No.) |
7770 Regents Road, Suite 113-618
San Diego, California 92122
(Address of principal executive offices)
(858) 550-1900
(Registrant’s telephone number, including area
code)
N/A
(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:
| ☐ |
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 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 1.01. Entry into
a Material Definitive Agreement.
On
September 17, 2026, Evofem Biosciences, Inc. (the “Company”) entered into a Manufacturing Agreement with Zhaoke (Hong Kong)
Ophthalmology Pharmaceutical Limited, a Hong Kong company organized and existing under the laws of Hong Kong and Zhaoke (Guangzhou) Ophthalmology
Pharmaceutical Limited., a company organized under the laws of the People’s Republic of China (together, “Zhaoke”),
pursuant to which Zhaoke agreed to become a manufacturer and supplier of PHEXX® (lactic acid, citric acid, and potassium bitartrate).
The foregoing summary of the Manufacturing
Agreement does not purport to be complete and is qualified in its entirety by reference to the Manufacturing Agreement, a copy of which
is filed as Exhibit 10.1, to this Current Report on Form 8-K, and is incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
| Exhibit No. |
|
Description |
| 10.1 † |
|
Manufacturing
Agreement by and between the Company and Zhaoke (Hong Kong) Ophthalmology Pharmaceutical Limited and Zhaoke (Guangzhou) Ophthalmology
Pharmaceutical Limited. dated September 17, 2026 |
| 99.1 |
|
Press release dated September 23,
2026 |
| 104 |
|
Cover Page Interactive Data File (embedded within the Inline XBRL document). |
† Certain confidential portions of this Exhibit were omitted by means of marking such portions with brackets (“[***]”) because the identified confidential portions (i) are not material and (ii) would be competitively harmful if publicly disclosed.
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. |
| |
|
| Dated: September 23, 2026 |
By: |
/s/ Saundra Pelletier |
| |
|
Saundra Pelletier |
| |
|
Chief Executive Officer |
Exhibit 99.1

Evofem
Biosciences Adds Additional Manufacturing Capacity for PHEXX® to Support Global Growth Strategy
—
Additional manufacturing source expected to improve supply chain flexibility
and
reduce unit costs by 40% or more following regulatory approval —
SAN
DIEGO, CA, September 23, 2026 — Women’s health innovator Evofem Biosciences, Inc. (OTCID: EVFM) has achieved an important
milestone in its strategy to support long-term growth, enhance manufacturing flexibility, and reduce costs. Evofem has contracted with
a second pharmaceutical manufacturer to produce PHEXX® (lactic acid, citric acid and potassium bitartrate), its hormone-free,
on-demand prescription contraceptive vaginal gel. Subject to regulatory approval, the additional
manufacturing source is expected to provide meaningful economic benefits while complementing Evofem’s existing manufacturing operations.
“Expanding
our manufacturing network is an important step in strengthening Evofem’s ability to support future growth,” said Saundra
Pelletier, Evofem’s Chief Executive Officer. “The addition of a second qualified manufacturing partner for PHEXX enhances
our supply chain flexibility and provides additional capacity to support anticipated demand in the United States and international markets.
We remain committed to working closely with our existing manufacturing partner while developing this complementary source of supply.
Upon approval, we expect this additional manufacturing capability to improve product economics and further support our goal to expand
access to hormone-free, woman-controlled contraception around the world.”
The
newly contracted manufacturer is intended to complement Evofem’s existing manufacturing capabilities and provide additional supply
flexibility as the Company pursues domestic and international growth opportunities for PHEXX.
Based
on current development timelines, Evofem expects to submit a supplemental new drug application (sNDA) to the U.S. Food and Drug Administration
in mid-2027 for PHEXX manufactured at the additional facility and, following FDA approval, begin commercial sale of this second supply.
About
Evofem Biosciences, Inc.
Evofem
Biosciences is a San Diego-based pharmaceutical company commercializing two FDA-approved sexual and reproductive health products:
| ● | PHEXX®
(lactic acid, citric acid, and potassium bitartrate) – the first and only hormone-free,
on-demand prescription contraceptive vaginal gel. Visit phexx.com to learn more and for important
safety information. |
| | | |
| ● | SOLOSEC®
(secnidazole) 2g oral granules – an FDA-approved oral antibiotic for the treatment
of two sexual health diseases: bacterial vaginosis (BV), a common vaginal infection, in females
12 years of age and older, and trichomoniasis, a common sexually transmitted infection (STI),
in people 12 years of age and older. SOLOSEC provides a complete course of therapy in just
one dose. Visit solosec.com to learn more and for important safety information. |
PHEXX®
and SOLOSEC® are registered trademarks of Evofem Biosciences, Inc.
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,” “could,” “estimate,” “expect,” “target,”
“hypothesize,” “intend,” “potential,” “strategy,” “will,” 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. 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,
the Company’s ability to continue as a going concern, 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, risks related to the Company’s
limited revenue base relative to operating expenses, and its reliance on third-party licensees and distributors for ex-U.S. commercialization,
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, 2025, filed with the SEC on March 11, 2026, Quarterly Report on Form 10-Q for the quarter ended June 30, 2026 filed with
the SEC on August 14, 2026, 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.
Contact
Amy
Raskopf
Evofem
Biosciences, Inc.
araskopf@evofem.com
(917)
673-5775
###