The Biscuit Museum in Bermondsey, London, probably thought nothing of their Jaffa Cake exhibit when they posted it on Instagram.
“From sponge to plinth, we’re excited to unveil a new exhibition today, dedicated to one of the nation’s favourite biscuits ― the McVitie’s Jaffa Cake,” the museum’s staff wrote.
But McVitie’s, which owns the iconic snack, have sent what they’ve referred to as a “cease and desist-style” letter to the museum since.
“Dear Sirs, Madams, and Biscuit Enthusiasts,” a snippet from the letter reads, “It has come to our attention, with no small degree of dismay, that the Biscuit Museum has included the humble Jaffa Cake within its exhibition of biscuity.
“We write to you today, not with crumbs of animosity, but with a full slice of firm objection.
Allow us to be clear: Jaffa Cakes are, in fact, cakes.”
They have since asked the curators to “remove our latest addition to the biscuit museum due to… misclassification,” per the museum’s Instagram.
Why is a Jaffa Cake not a biscuit?
Per Ashton Shaw, in 1991, McVitie’s successfully challenged Her Majesty’s Customs and Excise (now HMRC) in court.
They succeeded in arguing that Jaffa Cakes are, in fact, cakes and not biscuits (thereby avoiding a potentially higher VAT bill).
Their argument was echoed in the letter sent to the museum – “Cakes harden when stale. Biscuits go soft.”
In response to the offending exhibition launch, a McVitie’s spokesperson said: “Look, we love a good biscuit as much as the next snack enthusiast, but we’ve got to draw the line somewhere, and that line is sponge-based.
“We respect the Biscuit Museum’s enthusiasm, but a cake’s a cake, even when it’s small, round, and lives suspiciously close to Hobnobs. It’s nothing personal, it’s just the way the cake crumbles.”
The biscuit museum’s curator, Gary Margold, has hopes for reconciliation.
“It’s a shame – we’ve had to remove the exhibition for the moment. But, as a nation of Jaffa Cakes lovers, we’re hoping we can reach an agreement,” he said.
Apparently, we’re all eating the cakes upside down too
In 2020, a post shared to Facebook group Family Lockdown Tip & Ideas from a user named Dave showed a screenshot between him and the official Jaffa Cake page.
In it, he asked, “What side of the Jaffa Cake is the bottom?”
The McVities-owned brand replied, ”Hi David, our Jaffa Cakes go through a reservoir of chocolate, so the chocolate is the bottom.”
Nothing, apparently, means anything anymore…
