A court ruled they are cakes. It was a VAT case to determine how they were taxed.
Very famous.... if you're a tax adviser!
The determining factor, in case you're interested, was that when biscuits go stale, they soften. When cakes go stale, they harden.
As to weaknesses on food, for me it's donuts. I once ate twelve Krispy Kremes in a sitting as it was a variety box and I wanted to know what each tasted like.