While this is technically true, I'd love to see you count how many DVDs you know of that DON'T have menus. (Personally, I can't think of any). A DVD without menus is the rare exception, not the norm. Your point is not incorrect, but it misses the reality of the situation: DVD manufacturers continue to list it alongside such things as director commentaries and deleted scenes, as if it's a real biggie, and it really isn't.
Now, if I recall, there was a DVD without chapter stops, but that was at the specific request of the director. I think it was a David Lynch film.