ITEM 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

As previously disclosed in a current report on Form 8-K, NexMed, Inc. (the "Company") received notice from the Nasdaq Listing Qualifications Department on August 12, 2009 that it did not comply with the minimum $2.5 million in stockholders' equity requirement for continued listing on the Nasdaq Capital Market set forth in Nasdaq Marketplace Rule 5550(b) (the "Rule"). As of June 30, 2009, the date of the Company's most recently filed financial statements, the Company's total stockholders' equity was $1,700,553.

In accordance with its prior disclosures, the Company timely submitted to the Nasdaq staff its plan to achieve and sustain compliance with the Rule. On October 8, 2009, the Company received a letter from the Nasdaq Listing Qualifications Department providing notification that the Nasdaq staff reviewed the Company's submission and denied the Company's request for continued listing on the Nasdaq Capital Market. The Company intends to file an appeal of the Nasdaq staff's determination with the Nasdaq Listing Qualifications Panel before the close of business on October 15, 2009. There can be no assurance that the Nasdaq Listing Qualifications Panel will overturn the Nasdaq staff's determination and allow the Company to remain listed.

The Company remains on notice for maintaining the minimum $1 bid requirement as set forth in Nasdaq Marketplace Rule 5550(a)(2). However, because Nasdaq had suspended enforcement of this requirement until August 3, 2009, as of its most recent announcement on July 13, 2009, the Company now has until January 25, 2010 to meet that requirement.

A copy of a related press release, which is hereby incorporated by reference, is filed herewith as Exhibit 99.1.

ITEM 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 Press release, dated October 14, 2009.

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