Finally an answer to the eternal question, are Jaffa cakes, cakes or biscuits?
Like biscuits Jaffa cakes are bought in packets, kept on the biscuit aisle in supermarkets, kept in the biscuit tin at home. In fact, all in all Jaffa cakes, look pretty much like biscuits. Therefore based on an ancient piece of perceived wisdom that… if it looks like a duck and quacks like a duck… Jaffa cakes are biscuits.
At least that is what the Inland Revenue thought. In 1991 they took McVities the manufacturer of Jaffa cakes to court to challenging the classification of Jaffa Cakes as cakes.
In the UK, biscuits covered in chocolate are classed as luxury items and subject to Value Added Tax. Cakes of course are not. I know many who would gladly swear on a stack of bibles that cake is a necessity of life… not a luxury. To be fair, I am probably one of them.
The court upheld McVities definition of Jaffa cakes as cakes on the sensible grounds that Jaffa cakes go hard when stale… like cake. On the other hand, biscuits go soft when stale… unlike Jaffa cakes. Therefore Jaffa cakes are cakes. QED.
One final thing, Jaffa Cakes might be named after Jaffa oranges due to the ‘smashing orangey bit in the middle’. But you know that smashing orangey bit… well, it’s apricot jam.