Jaffa Cake - Biscuit Or Cake

[Demonic Angel]

From the official UB/McVities website

The original recipe for McVitie's Jaffa Cakes is a closely guarded secret, the delicious combination of light sponge, dark chocolate and smashing orangey bit in the middle was first created over 60 years ago.

Back in 1991, we fought a battle with the VAT man to prove that Jaffa Cakes are cakes, not biscuits, and therefore should not attract VAT.

So even McVities agree that they are CAKES!

Nicola - you were right (well your boring boss was at least! lol)

[Gareth B]

Ah yes but they only classed them as cakes to avoid V.A.T. So I reckon they are illegal biscuits, plus I dunk them in my coffee which i wouldn't do with a cake!

[Demonic Angel]

But they also agree that they are made from SPONGE!

Sponge is cake! :D

[Gareth B]

But the recipe is a secret so they may have some biscuity type ingredients that we will never know about!

[sotal]

I think that proves it's a biscuit!

It's just an elaborate tax dodging scheme, which they are admitting to! It's a biscuit but they want to avoid VAT so they "call" it a jaffa "cake"

[Scottish_SR]

Ah yes but they only classed them as cakes to avoid V.A.T. So I reckon they are illegal biscuits, plus I dunk them in my coffee which i wouldn't do with a cake!

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Exactly!!! They arent going to admit to them being biscuits and end up with a big VAT bill!!

But they arent cakes either!!

Because they have parts from both!! BISCAKES!!! lol

[sotal]

hummm, it appears that they are made by a company called:

wait for it.....

United Biscuits (UK) Limited - Trading as McVities, who have classed them as a cake to avoid VAT, but the consumers buy them as a "biscuit" hence why they are in the biscuit isle!

[sotal]

The Official Ruling found there to be some characteristics of cake, so they where allowed to be 0 rated for tax purposes.

They also found them not to be biscuits :(

They classed them as "confectionery" or "snacks"

The official Ruling:

1. Name. This is a very minor consideration indeed.

2. Ingredients. Cakes differ widely, from at one end sponge cakes, at the other Christmas cakes, which may appear to have little in common. However the ingredients of the sponge part of the Jaffa Cake are virtually the same as the ingredients of a traditional sponge cake. Egg, flour and sugar are kneaded together, and the result is aerated. The sponge-cake part of a Jaffa Cake is in itself "cake".

3. Texture. Reference was made by the witness Mr Wood to texture, but he regarded visible texture as important; what I have in mind is the physical texture. Generally, I would expect a cake to be entirely or mainly soft and friable, not able to be snapped and not crisp. The Jaffa Cake has the texture of a sponge cake, which the brittleness of the chocolate does not displace.

4. Size. The Jaffa Cake is small, being a couple of inches across, substantially smaller than the average cake. Generally I would expect a biscuit to be smaller than a cake, and the size of a Jaffa Cake is typical of a biscuit and not typical of a cake.

5. Packaging. Jaffa Cakes are packaged in a way that I regard as "uncakelike". They are sold in packets of 3 or 6 or 12 or 24; in any event in cylindrical packets, much like Digestive biscuits, which packets are then contained in cardboard boxes. This factor clearly points against Jaffa Cakes being cakes.

6. Marketing. Generally, in supermarkets, where cakes and biscuits are found in separate places, Jaffa Cakes are found with biscuits and are not found with cakes. The buyer will be unlikely to find Jaffa Cakes on a cake counter.

7. The sponge part of a Jaffa Cake is made from a thin batter containing egg, flour and sugar, whereas most biscuits may be expected to be made from a rather thicker mixture that may be cut. Generally cakes may be moulded from a thin batter whereas biscuits may not be moulded but cut. However, I do not regard this as an important factor.

8. A Jaffa Cake is moist to start with and in that resembles a cake and not a biscuit; with time it becomes stale, and last becomes hard and crisp; again like a cake and not like a biscuit. Generally I would expect a stale biscuit to have become soft.

9. Jaffa Cakes are presented, and accepted by the public, as being snacks, normally eaten with the fingers; whereas a cake, although sometimes eaten with the fingers, is normally to be found eaten from a plate, perhaps with a knife or pastry fork.

10. Jaffa Cakes may be expected to appeal particularly to children, who may consume one of them in one, possibly two, mouthfuls. In this respect if resembles a biscuit or a sweet.

11. The sponge-cake part is not simply a base for the jam and chocolate; it is a substantial part of the product, not in flavour, but in bulk and texture when eaten.

Generally, I come to the conclusion that Jaffa Cakes have characteristics of cakes, and also characteristics of biscuits or non-cakes. I conclude that they have sufficient characteristics of cakes to qualify as cakes within the meaning of item number 1 in group 1 of the fifth schedule. If it be relevant, I also determine that the Jaffa Cakes are not biscuits.

I therefore allow the appeal. The Appellants are at liberty to make an application in respect of costs.

[sotal]

So I have to now say neither!

[Scottish_SR]

So I have to now say neither!

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Woohoo!! Yep, neither!! :P

Has anyone eaten a Jaffa Cake since reading this post?? lol

Im tempted now

[Stu8]

Cake.

"pass me a jaffa cake" :D

"Oi Dad come here you jaffa" means something totally different though

[Leeky]

Jaffa Cake......says it all really

[Braindead]

;) What the he11 have I started?

[Ken]

:P

Zap them in the microwave for 50 sec's then add the custard you warmed up in the microwave before the jaffa's went in, pudding back from the pub food at it's best so definately a cake

[Braindead]

My boy emailed McVites.....here's the reply. Think it says it all.

Thank you for your email.

A Jaffa Cake is actually classed as a cake, not a biscuit.

McVities went to Court to define this, as VAT has to be paid on biscuits.

I hope this is of help and you can once again sleep.

Regards

Ruth Griffin

Consumer Services Department

[Demonic Angel]

My boy emailed McVites.....here's the reply. Think it says it all. 

Thank you for your email.

A Jaffa Cake is actually classed as a cake, not a biscuit.

McVities went to Court to define this, as VAT has to be paid on biscuits.

I hope this is of help and you can once again sleep.

Regards

Ruth Griffin

Consumer Services Department

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YYYYYESSSSS!

[Ken]

My boy emailed McVites.....here's the reply. Think it says it all. 

Thank you for your email.

A Jaffa Cake is actually classed as a cake, not a biscuit.

McVities went to Court to define this, as VAT has to be paid on biscuits.

I hope this is of help and you can once again sleep.

Regards

Ruth Griffin

Consumer Services Department

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Ask Ruth if she work's for McVite's biscuit's ltd or McVite's cake's ltd

Let's see if she will bite

[jaxx]

lmao @ ken

worth a dig!

its a cake indeed! hence thr JAFFA CAKE name!

[Gareth B]

My wife just bought some "cake bars". Jaffa cake bars, it gets more confusing, but they are very yummy.

[Kev Mc]

Someone's bumped this to the top by voting but while it's here I'm having my say. It's probably already been said but I can't be bothered reading all of the replies.

Anyway, definately a cake as it starts off soft & goes hard as it goes stale as opposed to a biscuit which starts off hard & goes soft as it goes stale. There was actually a huge case as with them being classed as cakes they pay less tax than if they were classed as biscuits & HMRC were complaining but it was proven it court that they were cakes