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Is a Jaffa Cake a cake or a biscuit? The great debate that had to be settled in court

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Jaffa Cake a cake or a biscuit.A humble snack enjoyed by people of all ages, the Jaffa Cake has been a tasty treat since 1927.There are few things in life quite so unique, recognisable and simplistically satisfying as the successful removal of the orange dome from the bready base intact.Such a ritual has been carried out in this great nation’s playgrounds ever since the Jaffa’s creation and so it comes as nothing but a shame to hear that there is actually a fair bit of official, legal chit chat about the tasty treat.After decades of nothing but orangey good times, McVitie’s became the focus of frustration and anger in 1991 as people raised eyebrows about the firm’s labelling of the snack.Things got serious when Her Majesty’s Customs and Excise entered the fray, questioning the outfit’s decision to refer to the flagship product as a ‘cake’.

Kerseys, a law firm that specialises in dispute settlement of both business and personal, have thankfully weighed in on this troubling matter to explain the conundrum once and for all.

A Jaffa Cake is a cake. But the reason the debate became so important came down to a matter of tax.In UK law, biscuits are regarded as a luxury item and as such can have the full amount of VAT slapped onto them.The humble cake meanwhile, was regarded as a necessity - a basic needed in day to day life free of frills or glamour.

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