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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):
January 15, 2026
THERAPEUTICSMD, INC.
(Exact Name of Registrant as Specified in its
Charter)
| Nevada |
|
001-00100 |
|
87-0233535 |
(State or Other Jurisdiction
of Incorporation) |
|
(Commission File
Number) |
|
(IRS Employer
Identification No.) |
951 Yamato Road, Suite 220
Boca Raton, FL 33431
(Address of Principal Executive Office) (Zip
Code)
Registrant’s telephone number, including
area code: (561) 961-1900
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:
| ☐ |
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 |
|
Name of Each Exchange
on Which Registered |
| Common Stock, par value $0.001 per share |
|
TXMD |
|
The Nasdaq Stock Market LLC |
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) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2).
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
4.01 Changes in Registrant’s Certifying Accountant.
On January 15, 2026, the Audit Committee of the Board of Directors
of TherapeuticsMD, Inc., a Nevada corporation (the “Company”), approved the appointment of Carr, Riggs & Ingram, L.L.C.
(“CRI”) as the Company’s independent registered public accounting firm, effective immediately. In connection therewith,
Berkowitz Pollack Brant Advisors + CPAs (“BPB”), the Company’s prior independent registered public accounting firm,
ceased serving as the Company’s independent registered public accounting firm as a result of a transaction pursuant to which CRI
acquired certain assets related to the capital markets practice of BPB.
BPB’s audit reports on the Company’s consolidated financial
statements for each of the fiscal years ended December 31, 2024 and December 31, 2023 did not contain an adverse opinion or a disclaimer
of opinion, nor was it qualified or modified as to uncertainty, audit scope or accounting principles, except that BPB’s reports
on the Company’s financial statements as of and for the fiscal years ended December 31, 2024 and December 31, 2023 included an explanatory
paragraph describing the uncertainty of the Company’s ability to continue as a going concern.
During the Company’s fiscal years ended December 31, 2025 and
December 31, 2024 through the date of dismissal: (1) there were no “disagreements” (as defined in Item 304(a)(1)(iv) of Regulation
S-K and the related instructions to Item 304) with BPB on any matter of accounting principles or practices, financial statement disclosure,
or auditing scope or procedure, which disagreements, if not resolved to the satisfaction of BPB, would have caused BPB to make reference
to the subject matter of such disagreements in connection with its reports on the financial statements for such periods, and (2) there
were no “reportable events” (as defined in Item 304(a)(1)(v) of Regulation S-K).
The Company provided BPB with a copy of this Current Report on Form
8-K (this “Report”) prior to its filing with the Securities and Exchange Commission (the “SEC”) and requested
that BPB furnish the Company with a letter addressed to the SEC stating whether BPB agrees with the statements made by the Company in
this Report and, if not, stating the respects, if any, in which BPB does not agree with such statements. The letter of BPB addressed to
the Securities and Exchange Commission is attached hereto as Exhibit 16.1.
During the years ended December 31, 2025 and December 31, 2024 and
through the date of their appointment, neither the Company nor anyone acting on its behalf consulted with CRI regarding: (i) the application
of accounting principles to a specified transaction, either completed or proposed, or the type of audit opinion that might be rendered
on the Company’s financial statements, and neither a written report nor oral advice was provided to the Company that CRI concluded
was an important factor considered by the Company in reaching a decision as to the accounting, auditing or financial reporting issue;
or (ii) any matter that was either the subject of a “disagreement” within the meaning of Item 304(a)(1)(iv) of Regulation
S-K and the related instructions to Item 304 or a “reportable event” within the meaning of Item 304(a)(1)(v) of Regulation
S-K.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit Index
| Exhibit No. |
|
Description |
| |
|
|
| 16.1 |
|
Letter from Berkowitz Pollack Brant Advisors + CPAs to the Securities and Exchange Commission, dated January 20, 2026. |
| |
|
|
| 104 |
|
Cover Page Interactive Data File (the cover page tags are 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.
| Date: January 20, 2026 |
THERAPEUTICSMD, INC. |
| |
|
| |
/s/ Marlan Walker |
| |
Marlan Walker |
| |
Chief Executive Officer |
