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

NovaBay Pharmaceuticals, Inc. has notified the Toronto Stock Exchange (TSX) of its intent to voluntarily remove its listing of common stock from the TSX in order to consolidate trading on the American Stock Exchange (AMEX) to achieve cost saving.

Item 9.01 Financial Statements and Exhibits
(d) Exhibits

Exhibit No. Description
99.1 Press release of NovaBay Pharmaceuticals, Inc. dated December 31, 2008

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