New McVitie's ad settles the 'cake or biscuit' debate once-and-for-all

It's a silly argument that's raged in school playgrounds and office tearooms for decades now: Is a Jaffa Cake a cake or a biscuit? And it continues to rage despite the matter having been settled definitively in law.

In fact, as long ago as 1991, Jaffa Cake maker McVitie's was challenged by HMRC over their classification as cakes instead of biscuits. This distinction was important because biscuits were subject to VAT as luxury items, while cakes were considered staple foods and thus zero-rated for VAT.

The case went to court, where arguments were presented about the size, packaging, marketing and consumption method of Jaffa Cakes. The turning point came when McVitie's demonstrated that Jaffa Cakes harden when stale, like cakes, rather than going soft like biscuits. McVitie's even baked a giant Jaffa Cake to prove their point.

McVitie's ultimately won the case, and Jaffa Cakes were officially recognised as cakes. However, people either don't know this or are simply blood-minded about it. Because in practice, anyone who raises the question in public will instantly elicit a storm of strong opinions on one side or the other. And so it is that a new campaign for the product, led by TBWA\London, is here to set the record straight.

Billboards and social

The campaign is centred around a series of playful OOH executions and social films. For example, there's a two-part billboard, with one site stating: "Stand here if you think it's a cake" and the other leading the witness with "Stand here if you're an idiot."

Other slogans include:

• "We're a cake, you biscuit."
• "Say 'biscuit' one more time, we dare you."
• "Clue's on the box, bruv."

The social films, meanwhile, bring the three OOH executions to life. One shows a close-up of a Jaffa Cake highlighting its chocolate coating, spongy base and orange centre. A buzzer interrupts the indulgent moment, followed by a reworking of the famous Pulp Fiction line: "Say 'biscuit' one more time, we dare you."

The voiceover then declares, "We're a cake, you biscuit." The Jaffa Cakes logo appears, accompanied by several arrows emphasising that it's indeed a cake, clearing up any confusion.

Campaign concept

Paul Jordan, ECD at TBWA\London, explains the thinking behind the campaign. "This is a debate that divides opinion more than any other," he says. "It has divided families, communities, and even the nation, with Nicola Sturgeon once raising it in The House of Commons. And it just rumbles on and on, even though it clearly says 'Cakes' on the box, and McVitie's even went to court to prove it.

"But despite the considerable weight of all this evidence, people still love to argue the toss," he continues. "Perhaps it's something to do with their size or the fact that even though they're called cakes, they're sold in the biscuit aisle. Or maybe, just maybe, it's because we Brits really love to argue."

So why do we Brits care so much about biscuits? "Well, it's because biscuits are what we're really good at," says Paul. "The French have their wine and cheese, the Italians pasta, pizza, coffee and gelato, but in Britain we've got biccies. We lead the world when it comes to biscuits. Brits do biscuits better than anyone, and we've been doing it longer, too. Given that we know so much about biscuits, it's hardly surprising that we all get so opinionated about them."

Adam Woolf at McVitie's adds: "The campaign truly taps into Jaffa's distinctive heritage of boldness and boundary-pushing in its unapologetic way while continuing to retain its classic British humour roots. The light-hearted nature of the campaign reflects the youthfulness of Gen Z and families, as it humorously takes a provocative stance on the cake vs. biscuit debate with engaging end lines.

"Jaffa Cakes have always been a unique treat that sparks joy and spirited discussions. But enough is enough. We're putting an end to it here and now, and TBWA\London's disruptive idea has totally nailed this."