They're cakes. There was a court case in America a while ago contesting whether or not Jaffa cakes were cakes or biscuits. So, what the Jaffa Cakes representatives did was to make a four foot diamater jaffa cake, wheel it into the court room and asked the court to classify the giant jaffa as a cake or a biscuit. The verdict was that the girant jaffa was a cake. So, the logic ran than if the giant jaffa was a cake, surely the regular sized ones must be as well.
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