+44 (0) 1908 774320
   
Roger Eddowes

Essendon Accounts & Tax

Home of the Business Godparent ...

HMRC vs giant marshmallows: are they confectionery or fire-toasting food?

Roger Eddowes

CREATED BY ROGER EDDOWES

Published: 29/06/2026 @ 09:00AM

#GiantMarshmallow #HMRC #VATDispute #Confectionery #FireToastingFood #TaxLaw

The ongoing giant marshmallow case has finally concluded, with HMRC deciding not to appeal. The VAT dispute hinges on whether these oversized treats are confectionery or fire-toasting food, and the ruling suggests that size and intended use can matter a great deal in tax law ...

Is a giant marshmallow a sweet treat or a fire-toasting essential? It's no surprise HMRC thinks differently to the manufacturer

Is a giant marshmallow a sweet treat or a fire-toasting essential? It's no surprise HMRC thinks differently to the manufacturer

This has been a long-running dispute, and it has now reached an interesting turning point, as HMRC has decided not to pursue an appeal after losing on the VAT issue. For Innovative Bites Limited, the company behind Mega Marshmallows, this means a £470,000 bill is now much less likely to land.

At the heart of the matter is a simple question: when
is a sweet item, actually confectionery?

The tax tribunal and later courts have had to untangle that point in detail, because the product in question is not sold in quite the same way as a normal sweet counter snack. The giant marshmallow case has therefore become a neat example of how tax law can turn on very small differences in design, marketing and use.

HMRC's position was that the items should fall within the confectionery tax rules, making them subject to VAT. The company argued the opposite, saying the marshmallows are intended for toasting over a fire rather than eating straight from the packet. That distinction was enough for the courts to look beyond the product's obvious sugary nature and focus on what it is really for.

The key point for readers is that HMRC appeal deadlines do not wait forever. Once the time limit passed, the door closed on further challenges, and the ruling stood as it was.

That will be welcome news for the taxpayer, but it also poses an awkward question for HMRC: how many more food products might now fall into this grey area before the rules require another proper review?

This case also shows why the VAT dispute has
attracted so much attention!

Modern food retail is full of oversized sharing packs, novelty snacks and products that do not fit neatly into traditional definitions. A rule written for a simpler era can struggle when faced with today's product ranges, and that is where confectionery tax becomes surprisingly tricky.

For businesses, the lesson is fairly clear; in tax law, packaging, intended use and product presentation can matter almost as much as ingredients. The giant marshmallow case may be unusual, but it neatly illustrates how a single VAT dispute can have wider value for anyone selling sweetened food items in inventive ways.

The giant marshmallow ruling reminds us that taxes can be just as sticky as the treat itself.

Until next time ...


ROGER EDDOWES
Join our mailing list! Click here and be one of the first to know when we publish a new blog post!


Would you like to know more?

If anything I've written in my blog post resonates with you and you'd like to discover more of my thoughts about the giant marshmallow VAT case, then do call me on 01908 774320 and let's see how I can help you.

Don't forget to stay updated with our daily social media posts on Facebook.

Share the blog love ...

Share this to FacebookBuffer
Share this to FacebookFacebook
Share this to TwitterTwitter
Share this to Linkedin (popup window)Linkedin
Share this to Pinterest (popup window)Pinterest
Share this to WhatsApp (popup window)WhatsApp

#GiantMarshmallow #HMRC #VATDispute #Confectionery #FireToastingFood #TaxLaw

About Roger Eddowes ...

Roger Eddowes 

Roger trained at Edward Thomas Peirson & Sons in Market Harborough before working at Hartwell & Co, followed by Chancery, as a partner. He started Essendon Accounts and Tax with Helen Beaumont in 2014 as a general practitioner with a hands-on approach.

Roger loves getting his hands dirty, working with emerging, small-to-medium and family businesses to ensure they receive the best possible accountancy advice. Roger utilises an extensive network of business contacts to leverage the best guidance and practical solutions.

More blog posts for you to enjoy ...

Click here to view this blog post


Growing our team to support yours

At Essendon, we believe that good accounting is about more than numbers. It's about giving business owners confidence that everything is organised, properly handled, and under control ......

Click here to view this blog post


Millions of taxpayers could soon have to pay their tax earlier

Millions of taxpayers could pay their tax earlier under HMRC's proposed self-assessment changes. The move may smooth tax deadlines, but it could also tighten cash flow. For many, the real issue will be how quickly the system ...

Click here to view this blog post


Rising labour costs, energy bills and late payments are holding businesses back

This pressure is feeding straight into weaker cash flow and tighter margins for everyone. Businesses are finding it harder to plan, price and grow when expenses keep climbing faster than demand. It is a messy combination, and...

Click here to view this blog post


HMRC announces tax simplification changes for employers and businesses

I read with interest an announcement by HMRC about a series of measures designed to simplify the tax system, reduce administrative burdens and make it easier for businesses to meet their tax obligations. While many of the pro...

Click here to view this blog post


Who's going to pay for Burnham's Britain?

Burnham's Britain sounds bold, but the maths still has to work. If taxes rise, borrowing climbs, or spending is squeezed, somebody pays. The tricky part is making the politics add up without breaking the economy ......

Click here to view this blog post


How to spend less and save more without feeling deprived

Want to spend less and save more? My blog post today explains how to spot waste, trim bills, and build better habits without feeling restricted. It also covers budgeting, debt, and practical checks that can quietly improve yo...

Click here to view this blog post


HMRC reminds businesses to register for VAT on time

HMRC is reminding businesses to check whether they need to register for VAT, especially when turnover is close to the VAT threshold. Some firms may still be outside the rules, so it pays to review the facts before acting ......

Click here to view this blog post


Further guidance released on the summer holiday VAT reduction for families

As the temporary 5% VAT rate for children's meals and selected family attractions approaches, HMRC and HM Treasury have issued further guidance to help businesses and families understand how the relief will operate in practic...

Other bloggers you may like ...

Click here to view this blog post


10 reasons YourPCM is the small business CRM you'll actually use

Posted by Steffi Lewis on https://www.yourpcm.uk

Choosing a CRM can feel like a big decision, especially when so many systems promise everything but end up being overly complicated, expensive, or sim ...

Click here to view this blog post


Building A Bookkeeping Business: Increasing Your Prices

Posted by Alison Mead on https://blog.siliconbullet.com

You may have already done the difficult part of starting your own bookkeeping business; you've found clients, you've decided on your pricing, and now ...

Click here to view this blog post


Blogging: 5 reasons why it's essential for your small business

Posted by Steffi Lewis on https://www.sblogit.com

Having a strong online presence is crucial for the success of any small business. One of the most effective ways to establish your brand is through bl ...

Click here to view this blog post


What keeps you going in your business?

Posted by Jacky Sherman on https://www.jackysherman.com

Over the weekend, someone shared with me a poster that compared running a business with an iceberg. The author wanted to make the point that all other ...

© 2026 by Roger Eddowes

All rights reserved



All content on this blog, including but not limited to text, images, videos and audio, is protected by copyright. No part of this blog may be reproduced, copied, distributed, or otherwise used without the prior written consent of the author. Unauthorised use constitutes a breach of intellectual property rights.

Please note that many elements of this blog have been created using Artificial Intelligence (AI). As such, content may not always reflect verified facts or professional advice. The information provided is for general interest only and should not be relied upon as a sole source for making decisions, financial or otherwise. Readers are strongly advised to seek independent advice from qualified professionals appropriate to their country and situation.

The author of this blog, YourPCM Limited, and its directors, employees, and authorised agents accept no liability for any loss, harm, or consequence arising from the use or interpretation of content found on this site.

The sblogit.com platform is provided on an “as is” basis. By continuing to view or interact with this blog, you acknowledge and accept these terms. If you do not agree with any part of this notice, please cease using this site immediately.

YourPCM Limited is a company registered in the UK and operates exclusively under the jurisdiction of the laws of England and Wales.