FORM 3
        
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940
                      

1. Name and Address of Reporting Person *

Merz Holding GmbH & Co. KG

2. Date of Event Requiring Statement (MM/DD/YYYY)
2/16/2010 

3. Issuer Name and Ticker or Trading Symbol

BIOFORM MEDICAL INC [BFRM]

(Last)        (First)        (Middle)

ECKENHEIMER LANDSTRASSE 100

4. Relationship of Reporting Person(s) to Issuer (Check all applicable)

_____ Director                            ___ X ___ 10% Owner
_____ Officer (give title below)          _____ Other (specify below)

(Street)

FRANKFURT AM MAIN, 2M 60318       

(City)              (State)              (Zip)
5. If Amendment, Date Original Filed (MM/DD/YYYY)

 

6. Individual or Joint/Group Filing (Check Applicable Line)

___ Form filed by One Reporting Person
_ X _ Form filed by More than One Reporting Person


Table I - Non-Derivative Securities Beneficially Owned
1.Title of Security
(Instr. 4)
2. Amount of Securities Beneficially Owned
(Instr. 4)
3. Ownership Form: Direct (D) or Indirect (I)
(Instr. 5)
4. Nature of Indirect Beneficial Ownership
(Instr. 5)
COMMON STOCK   (1) (2) (3) 47456721   I   Beneficially owned through an indirect, wholly-owned subsidiary  

Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivate Security
(Instr. 4)
2. Date Exercisable and Expiration Date
(MM/DD/YYYY)
3. Title and Amount of Securities Underlying Derivative Security
(Instr. 4)
4. Conversion or Exercise Price of Derivative Security 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 5)
6. Nature of Indirect Beneficial Ownership
(Instr. 5)
Date Exercisable Expiration Date Title Amount or Number of Shares

Explanation of Responses:
( 1)  In accordance with the Agreement and Plan of Merger (the "Merger Agreement"), dated as of December 31, 2009, by and among Merz GmbH & Co. KGaA, a limited partnership by shares formed under the laws of the Federal Republic of Germany ("Merz"), Vine Acquisition Corp., a Delaware corporation and an indirect wholly-owned subsidiary of Merz ("Acquisition Sub"), and BioForm Medical, Inc., a Delaware corporation ("BioForm Medical"), on January 15, 2010, Acquisition Sub commenced a cash tender offer (the "Offer") to purchase all outstanding shares of common stock, $0.01 par value per share, of BioForm Medical (the "Shares") at a price of $5.45 per Share, without interest thereon and less any required withholding tax.
( 2)  The Offer expired at 12:00 midnight, New York City Time, on February 12, 2010. On February 16, 2010, Acquisition Sub commenced a subsequent offering period. The subsequent offering period expired at 12:00 midnight, New York City Time, on February 18, 2010. Based on final information from the depositary for the tender offer, a total of 45,400,232 Shares were validly tendered and not properly withdrawn immediately prior to the expiration of the subsequent offering period, representing approximately 95.7% of BioForm Medical's shares of outstanding common stock. Acquisition Sub has accepted for payment all Shares that were validly tendered during the initial offering period and the subsequent offering period, and payment for such Shares has been or will be made promptly, in accordance with the terms of the tender offer.
( 3)  Pursuant to the terms of the Merger Agreement, on February 19, 2010, Merz caused Acquisition Sub to merge with and into BioForm Medical (the "Merger") in accordance with the "short-form" merger provisions of Delaware law. In the Merger each Share of BioForm Medical (other than shares held by BioForm Medical as treasury shares or owned by Merz, Acquisition Sub or any wholly owned subsidiary of Merz or BioForm Medical or owned by stockholders of BioForm Medical who properly exercise appraisal rights under Delaware law) was automatically converted into the right to receive $5.45 in cash, without interest thereon and less any required withholding tax. As a result of the Merger, Merz Holding GmbH & Co. KG, Merz and Acquisition Sub acquired beneficial ownership of 47,456,721 Shares, representing 100% of the Shares.

Reporting Owners
Reporting Owner Name / Address
Relationships
Director 10% Owner Officer Other
Merz Holding GmbH & Co. KG
ECKENHEIMER LANDSTRASSE 100
FRANKFURT AM MAIN, 2M 60318

X

Merz GmbH & Co. KGaA
ECKENHEIMER LANDSTRASSE 100
FRANKFURT AM MAIN, 2M 60318

X

Vine Acquisition Corp.
ECKENHEIMER LANDSTRASSE 100
FRANKFURT AM MAIN, 2M 60318

X


Signatures
/s/ Dr. Christian Pertschy, Company officer with statutory authority of MERZ HOLDING GMBH & CO. KG 2/19/2010
** Signature of Reporting Person Date

/s/ Dr. Matthias Vogt, Company officer with statutory authority of MERZ HOLDING GMBH & CO. KG 2/19/2010
** Signature of Reporting Person Date

/s/ Dr. Martin Z??gel, Chairman of the Management Board of MERZ GMBH & CO. KGAA 2/19/2010
** Signature of Reporting Person Date

/s/ Dr. Matthias Vogt, Member of the Management Board of MERZ GMBH & CO. KGAA 2/19/2010
** Signature of Reporting Person Date

/s/ Dr. Martin Z??gel, President of VINE ACQUISITION CORP. 2/19/2010
** Signature of Reporting Person Date


Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 5(b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
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