>>> if the makers call something a cake then it should be judged as a cake.
That's hardly right as any company could name their biscuits as cakes but that does not make them cakes.
It is all to do with VAT as value added tax is payable on chocolate-covered biscuits, but not on chocolate-covered cakes
This is why they called them a Jaffa Cake even though they are obviously a biscuit (even though a court ruled they are a cake so no VAT is paid on them).
If no VAT is added it makes them cheaper for people to buy.