Jaffa Cakes: Cakes or Biscuits?
Jaffa Cakes, cake, biscuit or something else? Why should Jaffa Cakes be named as they are? Well Jaffa comes from Jaffa Oranges, which are named after the Israeli city of Jaffa. But then why should they be called Jaffa Cakes when they look so much like biscuits? In fact whether Jaffa Cakes are cakes, biscuits or something else has been the subject of much controversy in the United Kingdom.
Under UK law no value added tax (VAT) is placed on biscuits or cakes. But critical to the controversial issue of Jaffa Cakes’ name, when a biscuit is covered in chocolate it becomes subject to the standard VAT rate of 17.5%. Mcvities, the market leaders for Jaffa Cakes classed them as cakes, not biscuits, but this classification was challenged by Her Majesty’s Customs and Excise in 1991.
In the end the case ended up in the courts and the court were forced to answer the question of when something should be classed as a cake and when it should be classed as a biscuit. Answering this general question would then lead easily into a decision related to ‘Jaffa Cake, cake or biscuit?’
So what happened? Is a Jaffa Cake a cake? Happily for us Jaffa Cake lovers who would not relish the prospect of having to pay another 17.5% for our Jaffa Cakes, the court ruled in favour of Mcvities. One of the critical aspects of the argument was related to what happens when biscuits or cakes go stale. The court found, as anyone who has forgotten to put the lid on their biscuit tin properly will know, that when biscuits go stale they go softer. But when cakes go stale they go harder. The test was done, and when Jaffa cakes are left exposed to the air they get harder. So Jaffa cakes are definitely cakes and not biscuits. We recommend that you do the test to see for yourself, because unlike disgusting soggy biscuits, when Jaffa cakes go stale the new harder type of Jaffa cake you get is actually still delicious.
Just one more interesting Jaffa Cake fact all about their name: During the court battle between Mcvities and Her Majesty’s Customs and Excise, Mcvities baked a giant Jaffa Cake to prove that Jaffa cakes were really cakes and not biscuits. I don’t know what you think, but our taste buds are definitely watering thinking about a giant Jaffa Cake!
118 Responses to “Jaffa Cakes: Cakes or Biscuits?”
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August 8th, 2008 at 5:14 am
Um, Biscuit?
August 17th, 2008 at 3:35 am
Your blog is interesting!
Keep up the good work!
February 1st, 2010 at 4:14 pm
its a biscuit!
March 4th, 2010 at 9:01 pm
Call it a cookie, it will be even, lol!
April 3rd, 2010 at 12:50 pm
cake definately
May 12th, 2010 at 3:36 pm
IT IT A CAKE< END OF!!!!!!!!!!!
June 2nd, 2010 at 2:34 pm
[...] can’t really compare them to Hob Nobs. (Whatever shelf you find them on in the supermarket!) Are Jaffa Cakes A Biscuit Or A Cake? (I don’t agree with that [...]
June 21st, 2010 at 6:16 pm
biscuit
June 22nd, 2010 at 2:39 pm
Giant Jaffa cake??!! WOW…The very idea elates me!
Well done McVities - Nice to see the VAT man losing once in a while!
September 24th, 2010 at 3:38 pm
biscuit!!!!!!!!!!!!!!!!!!!!!!!!
November 3rd, 2010 at 2:22 pm
seriously how much time do people have on there hands no one cares mate lol
November 15th, 2010 at 12:47 am
i like jaffa cakes.
November 17th, 2010 at 5:03 am
All you losers who say they are cakes clearly got a jaffa cake for their birthday and tried to convince themselves that it’s a cake.. where as the rest of us get served one with a cup of tea like a BISCUIT!.. served as a biscuit.. eaten like a biscuit.. NOT A CAKE.. it’s in the biscuit aisle of tesco!!.. and may I add… made in a biscuit (NOT CAKE) factory..
I stand by it.. BISCUIT!
December 17th, 2010 at 5:37 pm
great post, thanks for sharing
January 14th, 2011 at 3:53 pm
Its made of sponge so therefore it a cake. Biscuits are hard and soften when stale, cakes are soft/spongey and harden when stale. Jaffa CAKE harden when stale. IT’s A CAKE!!!
January 14th, 2011 at 5:29 pm
Spot on Jo!
March 5th, 2011 at 5:43 am
Does it really matter if they are a cake or a biscuit…they are awesome and I can buy them in Canada!!
March 19th, 2011 at 2:21 pm
BISCUIT
CAKE
BISCUIT
March 19th, 2011 at 2:21 pm
CAKE! DUH!
March 19th, 2011 at 2:21 pm
cake! its in the name ‘jaffa CAKE!’
March 24th, 2011 at 2:04 pm
i love jaffa cakes and it is a cake because it has cake in the name so therfore it is a cake not a biscuit a cake okay? Good now that thats settled….I LOVE YOU JAFFA CAKE!! <3<3<3
April 28th, 2011 at 1:24 pm
My friend Megan is amazing. She has concluded our dilemma for Jaffa Cakes. As stated above, Jaffa Cakes go hard therefore a cake!:):)
May 19th, 2011 at 11:48 am
We are having a debate about a Jaffa cake at school. lol
May 23rd, 2011 at 1:53 pm
hey i love eating jaffa cakes that is why i am so fat but i cant decide wheather to eat them anymore as i hate buiscuitsa dn everyone says they are busicuits
June 8th, 2011 at 5:56 pm
I love jaffa cakes so does my friend amy francis. we eat them all the time and there for we found out the answer and they are cakes because that is the name JAFFA CAKES. me and my friend always go hyper when we eat them LOL :D.
June 17th, 2011 at 10:09 am
biscuit
June 17th, 2011 at 10:13 am
biscuit!
August 5th, 2011 at 2:41 pm
Want to have your cake n eat it too? Make a cupcake! Lemon flavored!
September 3rd, 2011 at 11:08 pm
LOL, i love reading the Jaffa Cake Case. Buttt…..
OMFG it’s a cake in the shape of a biscuit! Get your head out your asses.. It was proven in a court room.. Read it properly it’s made with a CAKE base therefore it is a CAKE! Stupid silly little people who don’t know nothing!
September 24th, 2011 at 6:59 pm
jaffas are blates cake. deal with it?
October 2nd, 2011 at 6:44 pm
Why does it matter so much?? xPP
December 14th, 2011 at 9:51 pm
I love Jaffa cakes and eat around 100 a day. Tonight I ate a massive Jaffa cake sponge cake. Yum yum in my tum! Keep up the good work Jaffa cake men and women. I salute you!!!
February 1st, 2012 at 5:24 pm
i deem them to be cake but for comments on the name they were changed from jaffa oranges to jaffa cakes in 1991 for the court case which decided they were cake.
February 3rd, 2012 at 6:49 pm
Jaffa are a cake because if you leave them out the sponge goes hard and if it was a biscuit it would go soggy point proven.
March 9th, 2012 at 11:15 am
i’m fat and it’s a cake!!!!!
March 14th, 2012 at 10:47 pm
Well jaffa cakes are called jaffa CAKES the word cakes is in the name so end of
March 30th, 2012 at 1:11 pm
You cant adequately dunk them in tea, hence they are a cake and not a biscuit
April 19th, 2012 at 6:00 pm
All of you who say its a biscuit obviosly want to pay more for them.ITS A CAKE!!!!!!!!!!!!!!
September 4th, 2012 at 10:28 am
tis a cake
Jaffa ‘Cake’
Cake is soft
Biscuit is hard
but…
THE CAKE IS A LIE!
September 5th, 2012 at 10:24 pm
Cake why don’t you try it, it is named Jaffa Cake after all hence the Cake it gives it away in the title and all. I don’t know any other Cake that lies about it’s name because they are not lieing
September 5th, 2012 at 10:26 pm
I love jaffa Cakes!
September 24th, 2012 at 1:41 am
Bad a debate with my mate at school, asked my whole science and history class , went through countless websites and even emailed McVities
Survey: Cakes won
Websites: Cakes won
Email: Cakes won
He is now converted
P.S THEY ARE CAKES
and taste really nice
September 24th, 2012 at 1:42 am
Should say *had
(Spell check messed it up)
October 3rd, 2012 at 3:05 pm
McVities make them and they proved in court that Jaffa Cakes are cakes not biscuits. If the manufacturer says they are a cake, who are we to argue!!
October 19th, 2012 at 4:14 pm
BUISCUITS END OF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
December 1st, 2012 at 9:44 pm
its a cake, hence the name jaffa cakes. its a cake on the inside, a spongey cake base and it has no buscuit in it, so it’s a cake!
March 23rd, 2013 at 4:21 pm
Biscuit
May 20th, 2013 at 3:07 pm
Cake? Biscuit? Who really cares - all I know is that the Government gets enough of our hard earned cash as it currently stands so well done Jaffa! Roll up and Chew on Baby… ;O)
May 26th, 2013 at 5:22 pm
Obviously a cake because they’re not called Jaffa CAKES or anything. Also I know they’re deffo a cake because its on the logo quiz board game
June 20th, 2013 at 4:25 pm
I don;t eat Jaffa Cakes so I don’t care - My friend Jade ate so many once that she turned Ornage….TRUE STORY
June 28th, 2013 at 3:35 pm
I LOVE JAFFA CAKES!!! THEY ARE CAKES!!! END OF!!!!! <3<3<3<3<3<3
July 2nd, 2013 at 3:03 pm
its a cakey biscuity thing thats really really good
October 14th, 2013 at 8:52 pm
They are cakes by law. There was actually a trial to determine the answer and cakes won. Apparently. They are cakes though, hence the name “Jaffa CAKES”
November 28th, 2013 at 10:10 pm
cookies are better then jaffa cakes by MILES
January 12th, 2014 at 9:50 pm
I love jaffa cake!!!! It,s a cake
January 29th, 2014 at 12:45 pm
they are clearly crisps
June 16th, 2014 at 1:23 pm
They are clearly BISCUITS. They are found in the biscuit isle, they are the size, shape and style of biscuits.
There may be “Cake” in the name but don’t be fooled by this, Tesco’s had called their burgers “Beef Burgers” when they actually were horse, so therefore the name is irrelevant.
They are biscuits and I will not give up until everyone knows the truth!
June 19th, 2014 at 7:43 am
IT IS A CAKE BECAUSE
a) ITS IN THE NAME
b) IF YOU LEAVE THEM THEY DONT GO DAMP AND SOGGY LIKE BISCUITS
c) THEY ARE NOT CRUNCHY
June 30th, 2014 at 1:51 am
Jaffa Cakes are currently classed as cakes and this is due to a legal implication which meant that people would have to pay VAT on them. To prevent people from having to pay VAT and to save money they had paid of some officials to get Jaffa Cakes to be classed as cakes.
The tea cake story is very similar, when they were proven to be biscuits the tax man was forced to pay £3.5 million. This would be the same with Jaffa Cakes if they were proven to be biscuits.
Jaffa Cakes are used as biscuits as well, you eat them like biscuits, you have them as snacks compared to cakes where you only really eat them on an odd occasion and not that many.
Additionally if you want to buy some Jaffa Cakes you would go into your local supermarket and then would go to the “Biscuit” isle where you will find Jaffa Cakes among the other Biscuits.
Overall this is an act of fraud, this this is a conspiracy to save the tax man and McVities a lot of money. We must all stand together to beat this conspiracy and rise as a nation!
November 10th, 2014 at 6:09 pm
By law, a Jaffa cake is a cake…
http://www.hmrc.gov.uk/manuals/vfoodmanual/vfood6260.htm
January 22nd, 2015 at 2:40 pm
Jaffa Cakes are currently classed as cakes and this is due to a legal implication which meant that people would have to pay VAT on them. To prevent people from having to pay VAT and to save money they had paid of some officials to get Jaffa Cakes to be classed as cakes.
The tea cake story is very similar, when they were proven to be biscuits the tax man was forced to pay £3.5 million. This would be the same with Jaffa Cakes if they were proven to be biscuits.
Jaffa Cakes are used as biscuits as well, you eat them like biscuits, you have them as snacks compared to cakes where you only really eat them on an odd occasion and not that many.
Additionally if you want to buy some Jaffa Cakes you would go into your local supermarket and then would go to the “Biscuit” isle where you will find Jaffa Cakes among the other Biscuits.
Overall this is an act of fraud, this this is a conspiracy to save the tax man and McVities a lot of money. We must all stand together to beat this conspiracy and rise as a nation!
January 29th, 2015 at 4:04 pm
they are cakes i am big G’s son and i say theyre cakes therefore theyre cakes god bless xxx
February 15th, 2015 at 12:47 am
Clearly this is a question best left to pastry chefs.
March 27th, 2015 at 12:27 pm
cake
May 15th, 2015 at 11:23 am
if it’s fluffy it’s a cake, if it’s crumbly it’s a biscuit. judging from the texture jaffa cakes are indeed cakes.
June 3rd, 2015 at 8:40 pm
it is obviously a biscuit
June 5th, 2015 at 5:01 pm
They are cake biscuits end of
August 6th, 2015 at 7:58 am
Need sample ,as i have never taste so cna’t say biscuit or cake……………
September 9th, 2015 at 1:05 pm
lemons
October 25th, 2015 at 7:15 pm
Man alive ill be back in a minute just heading to the biscuit aisle in Tesco to buy some Jaffa biscuits
just kidding really they are cakes just ask my 60 inch waist.
February 3rd, 2016 at 2:51 pm
In my opinion it should not matter - just as a chocolate coating on a biscuit makes it subject to VAT, then there should probably be a similar rule for “individual serving cakes with chocolate coating”.
February 18th, 2016 at 2:11 pm
its a cake
February 19th, 2016 at 5:26 pm
I AM SO CONFUSED! WHY DO THE STAFF IN SUPERMARKETS NOT KNOW THE DIFFERENCE? EVERY TIME I GO LOOKING FOR JAFFA CAKES I FIND THEM IN THE BISCUIT SECTION - THIS IS LIKE PUTTING THE YOGHURT IN WITH THE SOUP. IT DOESN’T MAKE SENSE! ☻
March 15th, 2016 at 9:00 pm
Jaffa cakes are definitely “CAKES” the case was proven back in the 1990’s ask the HMRC
And,if you cant find Jaffa Cakes in your local supermarket - well you’ve only got 2 sections to look in it’s not too difficult, it’s not like you’ve got to make like you’re Indiana Jones searching for the “Lost Ark”
March 18th, 2016 at 3:47 pm
cake
April 22nd, 2016 at 3:05 am
Since when did people choose to determine how to categorise food based on appearance rather than ingredients and texture? Jaffa cakes are made from a GENOISE SPONGE. Cake. And on that matter, since when were biscuits all one particular shape? Nice are rectangular, hob nobs are circular. Biscuit shapes differ, as do cake shapes.Traditional cakes are cylindrical. Prinsesstårtas are hemispherical.Tennis cakes are cuboidal. Jaffa cakes may have an unconventional circular shape which is more commonly attributed to biscuits, but they are nevertheless cakes.
April 26th, 2016 at 3:54 pm
be quiet they are not biscuits….cake indeed
April 28th, 2016 at 12:39 pm
i like Jaffa CAKES
April 30th, 2016 at 1:23 pm
They are a cake regardless of what idiots who think they are biscuits might think or say. Just because you were served one with a cup of tea makes it no more a biscuit than a birthday cake made solely of digestives makes it s cake. A rose by any other name?
June 13th, 2016 at 9:37 pm
It is neither a cake nor a biscuit.
It is a CIRCLE OF CHOCOLATEY ORANGE GOODNESS!
ALL HAIL THE MIGHTY JAFFA!!!
June 22nd, 2016 at 4:11 pm
They are cakes. Cakes are soft and turn hard, biscuits are hard and turn soft. Anyone who says Jaffa Cakes are “obviously” biscuits is being stupid. There is no “obviously” about them, hence the many many people who are arguing about it on this page.
June 23rd, 2016 at 6:50 pm
I looked at the eord cake so much it even looks like it’s spelt wrong now they are most defiantly a cake I would not dunk it in my cuppa haha
August 24th, 2016 at 9:53 pm
Whoah!
VAT is not levied on biscuits or cakes? Why not?
But when chocolate is put on top, then the whole item (not just the chocolate,) but the whole thing attracts VAT.Why?
I can only conclude that the law is an ass (which is the American pronunciation of the word).
Chocolate is taking the rap here. Chocolate is merely a minor villain and is being unfairly punished at a rate of 17.5% when the real villain is the sugar in cakes and biscuits, which gets off scot-free.
For me, (and in the interests of limiting our obesity rates), all items containing sugar should attract VAT. After all, boozers and smokers are taxed for indulging in unhealthy consumption habits.
If drizzling chocolate over an item attracts VAT, then I will just have to stop enrobing my lettuce in Cadbury’s.
August 29th, 2016 at 6:16 pm
definitely jaffa cakes
October 12th, 2016 at 10:31 am
i think it both leave it to go stail then it hard but the eat it out of a rapper its a cake
March 6th, 2017 at 12:39 pm
its a cake
March 10th, 2017 at 9:58 pm
cake
March 26th, 2017 at 7:17 pm
Biscuits
March 30th, 2017 at 4:47 am
It is definitely a cake because Jaffa cakes go hard as do cakes while biscuits go soft
April 4th, 2017 at 1:21 pm
CAKE
April 22nd, 2017 at 5:40 pm
It’s incredible that despite the facts being displayed here on the correct legal definition of the Jaffa Cake and the court action which was very interesting at the time - that you still get utter plonkers dispute it. Saddos!
May 8th, 2017 at 1:12 pm
CAAAAAAAAAAAAAAAAAAAAAAAAKKKKKKKKKKKKKKEE!!!!!!!!!!!!!
May 9th, 2017 at 6:02 pm
cakeeeèeëë
May 11th, 2017 at 6:29 pm
It’s a cake!!!! Jafa (CAKE!)
May 11th, 2017 at 6:35 pm
It’s a cake and I have proof! Because if you haven’t noticed a biscuit/cookie does NOT have sponge wit in fact a CAKE does! And for god sake guys It says it in the freakin name so please believe me and put more comment that say It’s a cake so more people understand that It’s not a biscuit! Thank you xx
Cake master!!!
May 15th, 2017 at 7:27 pm
Challenge:
1. Go to Tesco, Sainsbury’s, Morrisons, Asda or indeed any local supermarket chain.
2. Go to the cake aisle.
3. Find a Jaffar cake packet in less than five minutes.
4. If found buy it and enjoy if not found come back on this site and comment that it is in fact a biscuit.
May 16th, 2017 at 2:35 pm
All I can say is that they are too delicious and one more has to be eaten, and then another one………!!
November 8th, 2017 at 4:46 pm
technically by law cakes are taxied so there biscuits because mcvites don’t want to get taxied either way ill eat anything so cake or biscuit it will be eaten either way
November 22nd, 2017 at 1:48 pm
its a biscuit you bunch of spengy melt boissss. Grow up.
December 1st, 2017 at 11:40 am
its a biscuit okay!!! XDXDXDXDXDXDXDXDXDXDXDXDXDXDXDXD
January 23rd, 2018 at 2:29 am
Cakes go stale bicuits dont jaffa cakes go stale
April 30th, 2018 at 1:19 pm
I think it is a cake, because a cake can go stale when left out for too long, but a biscuit goes soft. when you leave a Jaffa out, they go stale, like cakes. they do not go soft.
That is why the Jaffa Cake is a cake, as it says in the name too.
April 30th, 2018 at 1:20 pm
I think it is a cake, because a cake can go stale when left out for too long, but a biscuit goes soft. when you leave a Jaffa out, they go stale, like cakes. they do not go soft.
That is why the Jaffa Cake is a cake, as it says in the name too.
July 11th, 2018 at 11:27 pm
why do people still think it’s a biscuit when at the top of this page it proves that a Jaffa Cake is a cake Its called a Jaffa CAKE
September 18th, 2018 at 1:22 pm
its a cak-e
October 10th, 2018 at 3:04 pm
definently a cake, hello everyone
October 12th, 2018 at 1:10 pm
hello i love jaffa cakes , when i was a wee lad i used to watch scooby doo and eat 3 packs of smart price jaffa cakes, and one day i thought , are these cakes or biscuits to find i fed them to my fish ,and they ,through the power off jaffa told me they where infact biscuits because in the water they went soft whereas a cake would have gone hard.
October 22nd, 2018 at 10:01 am
You didn’t include the fact that the McVities’ factory in Wythenshawe also created a “full sized” version of the Jaffa Cake to prove that if it was larger, there would be no debate.
December 16th, 2018 at 6:42 pm
Biscuit!
January 7th, 2019 at 11:33 am
Cake or biscuit, i don’t care
They’re just soooooooooooooooooo delicious
March 5th, 2019 at 3:56 pm
Cake is love.
March 19th, 2019 at 10:13 pm
it is a bisake
April 5th, 2019 at 10:26 pm
If they are cakes why do you insist on having them marketed in supermarkets with biscuits?
April 17th, 2019 at 5:33 pm
It’s a cake it’s spongy not solid!!!!!!!!!!!
April 25th, 2019 at 1:07 am
Definitely a cake! No doubt about it!
June 5th, 2019 at 8:25 pm
biscuit, biscuit, biscuit, biscuit, biscuit and biscuit end f convo
December 5th, 2019 at 6:22 pm
i don’t know what they are!!! but’ the’yre yummy
June 25th, 2020 at 11:54 am
Until they are removed from the biscuit aisle and placed with cakes they will ALWAYS be biscuits.