It doesn't matter what we say or think, big brother decides these matters along with chocolate and Jaffa's
Commission Regulation (EC) No. 2257/94 of 16 September 1994 laying down quality standards for bananas, sometimes referred to in the media as the bendy banana law, is a European Union regulation specifying classification standards for bananas, which took effect on 1 January 1995.
Amended by: Commission Regulation (EC) No. ...
Came into force: 1995-01-01
Date made: 1994 16 September
Commission Regulation (EC) No. 2257/94 - Wikipedia
And Jaffa's
The product's classification as a cake or biscuit was part of a VAT tribunal in 1991, with the court finding in McVitie's favour that the Jaffa cake should be considered a cake for tax purposes. In 2012 they were ranked the best selling cake or biscuit in the United Kingdom.
EU bureaucrats might not consider British chocolate the real thing – they want to rename it 'vegelate' or 'milk chocolate with a high milk content'